5 Colo. Code Regs. § 1001-6-IV

Current through Register Vol. 47, No. 24, December 25, 2024

Section 5 CCR 1001-6-IV - (State Only) Masonry Heaters

IV.A. Limitations on the installation and sale of masonry heaters - approval procedures

IV.A.1. No person shall advertise to sell, offer to sell, sell, or install a masonry heater in Colorado unless it has been designated as an approved masonry heater in accordance with this Section IV.

IV.A.2. A manufacturer or builder of a masonry heater who wishes to have a model or design designated as an approved masonry heater shall submit an application and test results that comply with the requirements of Appendix A.

IV.A.3. Tests performed on masonry heaters shall comply with the particulates emission testing protocol set out in Appendix A and shall be performed by an accredited laboratory. The application shall include a letter signed by the laboratory president verifying:

(1) the information required in Appendix A, and

(2) that the methods used were conducted according to procedures contained in Appendix A.

IV.A.4. 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 receipt of a complete application, the Division shall notify the applicant whether the application satisfies all requirements for approval.

IV.A.5. If the Division denies approval, the Division shall notify the applicant in writing of the opportunity for a hearing before the Commission pursuant to § 24-4-104(9) C.R.S.

IV.A.6. The Division shall grant approval if all information required by Section IV. and Appendix A is submitted, and the tested appliance is a masonry heater and test results do not exceed 6.0 grams of particulate emissions per kilogram of fuel.

IV.A.7. The Division may grant approval for a masonry heater model that has not been tested if the untested model has substantially the same core construction as an approved model, and is substantially similar to the approved model in firebox and duct design, combustion function and probable emissions performance. The applicant must demonstrate that the untested model complies with the criteria and parameters set out in Appendix A for evaluating such similarity. The application must include all information required by Appendix A.

IV.A.8. Approved masonry heaters shall be labeled and equipped as provided in Appendix A.

IV.B. Enforcement

IV.B.1. The Division may enter and inspect the property or premises of any manufacturer, or dealer, for the purpose of investigating any actual, suspected, or potential violation of this regulation; and may, at reasonable times, have access to and copy any document, inspect any masonry heater or testing equipment, or test the emissions of any masonry heater possessed by any manufacturer, or dealer, for the purpose of ascertaining compliance or noncompliance with this regulation.

IV.B.2. The Division shall also enforce the provisions of this regulation through all means authorized by Part 1 Title 25, C.R.S.

IV.C. High Pollution Days

IV.C.1. Limitations on the use of wood burning appliances shall be applicable only in those portions of the counties of Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, and Jefferson are located in the AIR program area, as such area is defined in § 42-4-304(20)(a) (2006), C.R.S. but not including those areas above seven thousand feet elevation.

IV.C.2. Provisions of this section may be enforced by the appropriate local agency. Local agencies are encouraged to develop suitable enforcement programs and enter into an agreement with the State to promote more effective enforcement of this regulation. Approval of a masonry heater model pursuant to this regulation does not constitute authorization not to comply with requirements of any local ordinance or resolution relating to the installation or use of any masonry heater.

IV.C.3. This section shall not apply within any municipality that had an ordinance mandating restricted use of masonry heaters on high pollution days in effect on January 1, 1990. All such exempt areas shall be required to submit a yearly report to the Commission no later than June 30, providing information concerning the enforcement actions pursuant to their ordinance for the previous heating season.

IV.C.4. No person shall operate a masonry heater during a high pollution day unless the appliance is exempt pursuant to Section IV.C.5. A burn down time shall be allowed for the burn down of existing fires prior to the initiation of enforcement action. The use of any fuel other than clean, dry, untreated wood in any masonry heater shall not constitute grounds for allowing its usage on a high pollution day.

IV.C.5. Exemptions

IV.C.5.a. Persons utilizing their masonry heater as a primary source of heat.

IV.C.5.b. Persons operating an approved masonry heater.

5 CCR 1001-6-IV

38 CR 24, December 25, 2015, effective 1/14/2016

40 CR 07, April 10, 2017, effective 4/30/2017

47 CR 17, September 10, 2024, effective 10/15/2024