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From: "Paul Tiegs" To: "James Buckley \(E-mail\)" Subject: Washington State Fireplace Reg Date: Fri, 4 Apr 2003 Jim, The Washington State fireplace regulation is under their Building Code WAC 51-40-3102. I just checked and it's still there. Also, the Department of Ecology's catch-all regulation all for all other wood-burning devices is in Washington is WAC Chapter 173-433 and in particular paragraph 173-433-100(3) and 3(c). From reading these regs and reading a letter we got from Mary Burg, head of Ecology's Air Quality Program back in August 2000, it is clear that Washington intends to regulate ALL wood-burning devices including fireplaces of any kind. I also think that a strict reading of the 173-433 regulation means that even fireplaces tested under the Building Code requirements must meet the more strict WAC 173-433-100(3)(b) emissions limits. If you remember, the Washington fireplace rule was based on a g/kg conversion of EPA's 7.5 g/hour: ie, 7.3 g/kg. Now that Washington is requiring equivalence to a 4.5 g/hour limit, the fireplace limit should now be 2.7 g/kg. Just for general information, look at paragraph WAC 173-433-170 regarding retail sales fees. I don't know if anyone other that retail stores are actually paying these fees but I'll bet a lot contractors are not. Yes, I'm afraid it looks like Ecology's previous special policy for masonry heaters is gone. Let me know if you hear otherwise. Have a good one,
Paul Tiegs, PE
From: "Jerry Frisch" To: "John Crouch" Subject: wood fireplace certification Date: Sat, 24 May 2003
Hello John and Jim
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FYI
Bill:
The answer is fairly simple and as a good politician, I can make the answer far more complex than it needs to be. So, I will do both. First the simple answer and then the more complex and detailed answer:
The simple answer: New, non-certified, masonry fireplaces are allowed under state law to be installed in Washington State. So if a local building official or air pollution control officer is saying no, we are back to where we were on pellet stoves a year ago. The law supports the construction of new non-certified masonry fireplaces.
Now the more detailed and politically complex answer: The industry agreed in 1991 to the current law that does have fireplace certification provisions in it. Those were primarily for metal factory built fireplaces.
1. Following are parts of the law from the 1991 legislation:
RCW 70.94.457(1)(c) Prior to January 1, 1997, the state building code council shall establish by rule design standards for the construction of new masonry fireplaces in Washington state. In developing the rules, the council shall include on the technical advisory committee at least one representative from the masonry fireplace builders and at least one representative of the factory-built fireplace manufacturers. It shall be the goal of the council to develop design standards that generally achieve reductions in particulate air contaminant emissions commensurate with the reductions being achieved by factory-built fireplaces at the time the standard is established.
RCW 70.94.457(1)(e) Subsection (1)(a) of this section shall not apply to fireplaces.
Comments:
As you can see in 457(1)(c) that I have highlighted in bold red and underlined, the State Building Code Council was directed to develop rules on the design and construction of fireplaces prior to January 1, 1997. They did this and John Crouch from HPBA was very actively involved in the development of those rules.
457(1)(e) specifically exempts fireplaces from 457(1)(a) which states in part:
(a) After January 1, 1995, no solid fuel burning device shall be offered for sale in this state to residents of this state that does not meet the following particulate air contaminant emission standards under the test methodology of the United States environmental protection agency in effect on January 1, 1991, or an equivalent standard....
Comment: So, while 457(1)(a) prohibits the sale of any non-certified solid fuel burning device (fireplaces are included in the definition of solid fuel burning device), 457(1)(e) specifically exempts fireplaces from this prohibition.
2. Now to the rules adopted by the State Building Code Council. Here is a link to those rules which are quite lengthy and complex:
WAC 51-40-31201
FIREPLACE is a wood burning device which is exempt from U.S. EPA 40 CFR Part 60, Subpart AAA and:
1. Is not a cookstove, boiler, furnace, or pellet stove as defined in 40 CFR Part 60, Subpart AAA, and
2. Is not a masonry heater as defined in Section 31.201, and
3. See Section 3102, Uniform Building Code for definitions of masonry and factory-built fireplaces as used in this Standard.
MASONRY HEATER is a heating system of predominantly masonry construction having a mass of at least 800 kg (1760 lbs), excluding the chimney and foundation, which is designed to absorb a substantial portion of the heat energy from a rapidly-burned charge of solid fuel by:
a) Routing of exhaust gases through internal heat exchange channels in which the flow path downstream of the firebox includes at least one 180 degree change in flow direction, usually downward, before entering the chimney, and
b) Being constructed of sufficient mass such that under normal operating conditions the external surface of the heater, except in the region immediately surrounding the fuel loading door(s), does not exceed 110°C (230°F).
Masonry heaters shall be listed or installed in accordance with ASTME-1602.
FIREPLACE, NONCERTIFIED, (masonry or concrete) is any fireplace that is not a certified fireplace. A noncertified fireplace will be subject to applicable burn ban restrictions.
Comments: There are 3 key items here to consider:
The definition of a masonry fireplace is distinct from the definition of a masonry heater. They are two different devices.
Masonry heaters have more standards to meet than do fireplaces.
Under the definition of "FIREPLACE, NONCERTIFIED", is clearly allows these devices but then goes on to say they are subject to both 1st and 2nd stage burn bans.
So that's my response to your question. As far as my hearing anything about local jurisdictions not approving site-build masonry fireplaces, yours is the first. Let's get more details like individuals affected, where, and what the problem was. Then we can dive in and sort this out.
Let me know your thoughts.
Gary Smith
IBA
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