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B.C. Reg. 302/94
O.C. 1066/94
Deposited August 26, 1994

Environmental Management Act

Solid Fuel Burning
Domestic Appliance Regulation

Note: Check the Cumulative Regulation Bulletin 2015 and 2016
for any non-consolidated amendments to this regulation that may be in effect.

Contents
1Definitions
2Emission limits and labeling requirements
3Testing
4Records — keeping, certification and inspection
5Pelletized fuel specification
6Offence and penalty
Schedule

Definitions

1  In this regulation:

"air-fuel ratio" means the ratio of the mass of dry combustion air introduced into a firebox to the mass of dry fuel consumed in the firebox, determined in accordance with the Canadian standard or the US standard;

"appliance" means a solid fuel burning device, such as a stove, pellet stove, fireplace insert or factory built fireplace, that

(a) has an air-fuel ratio of less than 35 to 1,

(b) has a minimum burn rate of less than 5 kg/h, and

(c) is used to convert the energy in fuel to useful heat

but does not include a cookstove, a central heating system, a masonry heater or a site-built fireplace;

"burn rate" means the weight of the dry fuel charge, exclusive of the weight of any moisture, divided by the burn cycle time;

"Canadian standard" means the Performance Testing of Solid-Fuel-Burning Stoves, Inserts, and Low-Burn-Rate Factory-Built Fireplaces CAN/CSA-B415.1 standard published by the Canadian Standards Association as amended from time to time;

"cookstove" means an appliance that is

(a) designed primarily to cook food, rather than to dissipate heat directly to a room, and

(b) equipped with an integral enclosed oven with a volume greater than 0.028 m3;

"cordwood" means conventional firewood;

"fireplace insert" means a device that is intended for insertion into a fireplace cavity;

"pelletized fuel" means processed fuel consisting of uniform, discrete pellets of compressed, dried biomass material;

"solid fuel" includes biomass fuels such as cordwood, chips, sawdust, peat logs, pelletized fuel, and kernel corn but does not include coal;

"US standard" means the New Source Performance Standards, Title 40, Part 60, Sub-part AAA of the Code of Federal Regulations (USA) (7-1-92 Edition), published by the United States Environmental Protection Agency.

Emission limits and labeling requirements

2  (1) A person who carries on business in British Columbia as an appliance manufacturer, wholesaler or retailer must not sell for use or for resale an appliance manufactured on or after November 1, 1994 unless the person

(a) ascertains, on the basis of testing carried out in accordance with section 3, that the appliance conforms to either

(i) the particulate emission requirements of the Canadian standard, as determined by the test methods and procedures in that standard, or

(ii) the particulate matter emission limits set out in the US Standard, as determined by the test methods and procedures in that standard, and

(b) ensures that, at the time of the sale, the appliance bears a permanently affixed label that

(i) is readily visible or accessible,

(ii) conforms to the labeling requirements under the Canadian standard or the US standard, as the case may be,

(iii) indicates that the appliance conforms to the particulate emission requirements of the Canadian standard or to the particulate matter emission limits of the US standard, as the case may be, and

(iv) is accurate in all material respects.

(2) Subsection (1) does not apply to a sale of an appliance by a person who has reasonable grounds to believe that the person acquiring the appliance does so solely for the purpose of use outside British Columbia or of resale outside British Columbia.

Testing

3  (1) A person who carries on business in British Columbia as an appliance manufacturer, wholesaler or retailer must ensure that testing of representative samples of the appliances in each model line that are

(a) manufactured on or after November 1, 1994, and

(b) intended for use or sale in British Columbia

is carried out in accordance with subsections (2) and (3).

(2) The testing required by subsection (1) must be carried out

(a) under the Canadian standard by an organization or body accredited by the Standards Council of Canada to test in accordance with that standard, or

(b) under the US standard by an organization or body accredited by the United States Environmental Protection Agency to test in accordance with that standard.

(3) The testing required by subsection (1) must be

(a) carried out as necessary to ascertain whether or not the appliances that are represented by the tested samples conform, as and when sold, to the Canadian standard or to the US standard, as the case may be, and

(b) repeated as necessary to demonstrate that each appliance sold for use or sale in British Columbia conforms at the time of its sale to the Canadian standard or the US standard, as the case may be.

(4) The testing required by subsection (1) must be carried out, and repeated as necessary from time to time, to demonstrate that each appliance sold for use or sale in British Columbia conforms at the time of its sale to the Canadian standard or to the US standard, as the case may be.

Records — keeping, certification and inspection

4  Each person who is an appliance manufacturer, wholesaler or retailer and is required under section 3 to ensure that the testing described in that section is carried out

(a) must, as soon as practical

(i) after each testing, in the case of a person who requested the testing, or

(ii) after purchasing the appliances, in the case of a person who purchases the appliances for resale from another manufacturer, retailer or wholesaler,

obtain from the accredited organization or body that carried out the testing or from the person from whom the appliances were purchased a record of the test results in a form certified on behalf of the accredited organization or body by a responsible person who is able to verify the test results,

(b) must keep the record of the test results at the person's place of business for at least 2 years after obtaining the record of the test results,

(c) if requested to do so by an officer, must produce the record of the test results for inspection during normal business hours, and

(d) if requested to do so by an officer, must provide a written report, in the form the officer requires, as to the information or any part of the information contained in the record of the test results.

Pelletized fuel specification

5  (1) A person who carries on business in British Columbia as a manufacturer, wholesaler or retailer of residential pelletized fuel must not sell for use or for resale any residential pelletized fuel manufactured on or after November 1, 1994 unless the fuel conforms to the specifications set out in the Schedule.

(2) Subsection (1) does not apply to a sale of residential pelletized fuel by a person who has reasonable grounds to believe that the person acquiring the fuel does so solely for the purpose of use outside British Columbia or of resale outside British Columbia.

Offence and penalty

6  (1) A person who contravenes sections 2 (1) or 3 (1) commits an offence and, on conviction, is liable to a fine not exceeding $200 000.

(2) A person who contravenes section 4 or 5 (1) commits an offence and, on conviction, is liable to a fine not exceeding $100 000.

Schedule

(Section 5)

Residential Pellet Fuel Specification

Characteristics Specification
Bulk Density Not less than 640 kg/m3
Dimensions Diameter 6 to 8 mm
Fines Not more than 0.5% by weight must pass 3 mm screen
Inorganic Ash Less than 1%
Length None longer than 4 cm
Sodium Not more than 300 ppm