N.M. Code R. § 20.11.22.7

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.22.7 - DEFINITIONS

In addition to the definitions in Section 20.11.22.7 NMAC the definition in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in this Part shall govern.

A. "Burn Down" means that period of time, not to exceed three (3) hours, after a no-burn period is announced by the Director, within which period a person operating a solid fuel heating device must cease combustion within any solid fuel heating device by withholding fuel or modifying the air-to-fuel ratio.

B. "Inappropriate Fuel" includes but is not limited to: leaves, grass clippings, green plants, refuse, paper, rubbish, books, magazines, fiberboard, packaging, rags, fabrics, animal waste, waste oil, liquid or gelatinous hydrocarbons, tar, paints and solvents, chemically soaked wood, wood with a moisture content or greater that 30%, plastic or rubber, office records, sensitive or classified wastes, or other materials which are difficult to burn without producing vast amounts of noxious and toxic fumes or dense smoke.

C. "New Wood Heater" means:

(1) a wood heater that is sold at retail; is obtained as a result of a bargain or exchange; or is new and is given away for the first time by the manufacturer, the manufacturer's dealer or agency, or a retailer; and

(2) a wood heater which has not been used to an extent which as resulted in the heater being considered "used" or "second hand" within the ordinary meaning of those terms.

D. "Sole Source" means one or more solid fuel heating devices installed for the purpose of space heating and which constitute the only source of heat in a building. No solid fuel heating device(s) shall be the sole source of heat in a building if the building is equipped with a furnace or heating system which was designed to utilize oil, natural gas, electricity or propane to heat the building and the furnace or heating system at one time was permanently installed in the building, whether or not the furnace or system presently is connected with or disconnected from its energy source.

E. "Solid Fuel Heating Device" means any fireplace, wood heater, wood stove, wood fired boiler, coal fired furnace, coal stove or similar device burning any solid fuel and used inside a building for aesthetic, cooking (excluding commercial cooking) or heating purposes.

F. "Wood Heater" means an enclosed woodburning appliance, including a fireplace insert, capable of and intended for space heating or domestic water heating that meets all of the following criteria:

(1) an air-to-fuel ratio in the combustion chamber averaging less than 35-to-1 as determined by the test procedure described in 40 CFR Part 60.534,

(2) a usable firebox volume of less than 0.56 cubic meters,

(3) a minimum burn rate less than 5 kg/hr as determined by the test procedure described in 40 CFR Part 60.534, and

(4) a maximum weight of 800 kg, excluding devices and fixtures that are normally sold separately, such as flue pipe, chimney and masonry components that are not an integral part of the appliance or heat distribution ducting.

G. "Wood smoke Impacted Area" means that portion of Bernalillo County that is the most adversely affected by the burning of wood during atmospheric conditions that the Director concludes may not adequately disperse wood smoke. The wood smoke impacted area is delimited on the north and south by the Bernalillo County lines, on the west by the universal transverse meridian (UTM) line 337000mE and on the east by the UTM line 367000mE, Zone 13.

N.M. Code R. § 20.11.22.7

11/27/91. . .12/1/95; 20.11.22.7 NMAC - Rn, 20 NMAC 11.22.I.7, 10/1/02