By-law concerning the use of wood-burning stoves and fireplaces

Posted by Sylvain 27/12/2016 0 Comment(s)

The City of Montreal adopted by-law 15-069 concerning the use of stoves and fireplaces in its 19 boroughs on August 24, 2015.

 

The by-law concerns solid-fuel-burning appliances as stoves, furnaces, heaters, and prefabricated or conventional fireplaces, designed to burn wood logs or other solid materials such as ecological logs, pellets or coal. 


If you have a solid-fuel-burning appliance or fireplace, you must: 

 

-Not use it when there are smog warnings, beginning immediately. 
-Declare it within 120 days following the adoption of the by-law. 


On October 1, 2018, you must: 

 

-Stop using it completely unless it is recognized by the EPA (Environmental Protection Agency) and emits no more than 2,5 g/hr (g/hr=gram/hour) of fine particles into the atmosphere. 

 

The by-law authorizes the use of all solid-fuel-burning appliances during electricity outages that last more than three hours. 

 

EPA certification 

 

If your fireplace or appliance is EPA certified, this information should appear on the appliance itself or in the instruction manual. Appliances (stoves and fireplaces) that are not EPA certified do not meet the emission standard of 2.5 g/hr. For more information, visit the EPA website. 

 


 

Here is the complete regulation (please refer to the city of Montreal for any update of this by-law):


VILLE DE MONTRÉAL
BY-LAW
15-069


BY-LAW CONCERNING SOLID-FUEL-BURNING DEVICES AND FIREPLACES


In view of sections 4, 19 and 85 of the Municipal Powers Act (CQLR, chapter C-47.1);


In view of sections 369 and 411 of the Cities and Towns Act (CQLR, chapter C-19);


In view of section 47 of schedule C to the Charter of Ville de Montréal (CQLR, chapter
C-11.4);


At its meeting of August 17, 2015, city council enacts:


CHAPTER I
GENERAL PROVISIONS


1. This by-law applies to solid-fuel-burning devices and fireplaces with the exception of a
device used for cooking food, for commercial purposes, installed in a building where
commercial use is authorized.


2. In this by-law, the words “authority having jurisdiction” mean the director of the
Service de l’environnement or the director’s authorized representative.


CHAPTER II
DECLARATIONS


3. The owner of a solid-fuel-burning device or fireplace must declare it to the authority
having jurisdiction, within 120 days following its installation or construction, by
completing, in the prescribed manner, the form in schedule A to this by-law.


The owner of an existing solid-fuel-burning device or fireplace at the date of the coming
into force of this by-law must declare it, in accordance with the first paragraph, within 120
days from that date.


4. The owner who replaces or removes a solid-fuel-burning device or fireplace must
declare it to the authority having jurisdiction, within 120 days of its replacement or
removal, by completing, in the prescribed manner, the form in schedule A to this by-law.

CHAPTER III
USE


5. No solid-fuel-burning device or fireplace may be used or left to be used, unless it is
recognized by an organization identified in schedule B to this by-law, as part of a
certification process, establishing that it has an emission rate equal to or less than 2.5 g/hr
of fine particles into the atmosphere.


The prohibition under the first paragraph does not apply to an EPA or CAN/CSA-B415.1
certified pellet device installed before this article takes effect in accordance with the
applicable municipal by-law at the time of its installation.


6. No solid-fuel-burning device or fireplace may be used or left to be used when a smog
warning issued by Environment Canada is in effect for a region that includes Montréal, in
whole or in part.


7. The prohibitions under articles 5 and 6 do not apply when an electrical failure affecting
the building in which the solid-fuel-burning device or fireplace is located lasts more than
3 hours.


CHAPTER IV
INSPECTION AND ORDINANCE POWERS


8. Upon presentation of identification, the authority having jurisdiction may, for the
application of this by-law, visit, examine and take photographs of any movable or
immovable property.


Every person must allow the authority having jurisdiction to enter a building without
interfering with the performance of their duties.


9. The executive committee may, by ordinance:


     (1) amend or replace the declaration form for solid-fuel-burning devices and fireplaces
in schedule A to this by-law;


     (2) amend or replace the list of organizations in schedule B to this by-law;


     (3) amend the emission rate of fine particles under article 5.

CHAPTER V
OFFENCES AND PENALTIES


10. Any person who contravenes this by-law is guilty of an offence and is liable:
     (1) in the case of an individual:


          (a) for a first offence, to a fine of $100 to $500;


          (b) for a second offence, to a fine of $500 to $1,000;


          (c) for a subsequent offence, to a fine of $1,000 to $2,000;


     (2) in the case of a corporation:


          (a) for a first offence, to a fine of $200 to $1,000;


          (b) for a second offence, to a fine of $1,000 to $2,000;


          (c) for a subsequent offence, to a fine of $2,000 to $4,000.


CHAPTER VI
PENAL PROVISIONS


11. This by-law comes into force in accordance with the law.
However, article 5 takes effect on October 1, 2018.


12. The By-law concerning the construction and conversion of buildings (11-018) is
amended by replacing article 12 by the following article:


     “12. The installation, inside a building, of any solid-fuel-burning device or fireplace is
     prohibited unless the device or fireplace is recognized by an organization identified in
     schedule B to the By-law concerning solid-fuel-burning devices and fireplaces
     (15-069), as part of a certification process, establishing that it has an emission rate equal
     to or less than 2.5 g/hr of fine particles into the atmosphere.


     This by-law does not apply to a device used for cooking food, for commercial purposes,
     installed in a building where commercial use is authorized.


For the purposes of this article, installation includes replacement.”.

 

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