Introduction
The Hearth, Patio & Barbecue Association (HPBA), based just outside of Washington, DC, is the North American industry association for manufacturers, retailers, distributors, representatives, service firms, and allied associates for all types of fireplace, stove, heater, barbecue, and outdoor living appliances and accessories. HPBA provides professional member services and industry support in government relations, events, market research, education, certifications, consumer education, and industry promotion.
HPBA is the leading and recognized voice of advocacy for the hearth, patio, and barbecue industry. The statements below outline HPBA's positions on key issue areas and are meant to serve as a reference for HPBA members and the public interested in HPBA's position on a particular issue. As policies and issues evolve, these statements will be updated to reflect the industry's latest positions.
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Policies Impacting Gas, Wood, and Pellet Hearth Appliances
Woodstove Changeout Programs
Position Statement: HPBA, in partnership with the U.S. Environmental Protection Agency (EPA), local governments and industry partners, supports the development and implementation of woodstove changeout programs.
LEARN MORE ABOUT CHANGEOUT PROGRAMS
Issue Summary: A woodstove changeout program is:
- A voluntary program initiated at the local, state, or regional level that encourages the replacement of older, inefficient woodstoves and inserts with any cleaner alternative hearth product, including gas hearth products. Programs replacing non-certified hydronic heaters and wood furnaces can also be found in parts of the U.S. and Canada.
- A cooperative program, which works best with a public/private partnership between air agencies and the hearth industry.
- A program which includes incentives, ranging from relatively modest amounts for middle-income households to more significant amounts for low-income households.
- A program which always includes the surrender and destruction of the old woodstove.
- Can be funded by a variety of sources, including state or federal legislation, environmental fines, mitigation funds, appropriations, greenhouse gas reduction funds, and cap-and-trade proceeds.
HPBA strongly supports the creation of a national changeout program in both the U.S. and Canada with annual authorizations targeted at the lowest income households.
Support for Small Business Regulatory Reform Legislation
Position Statement: HPBA supports efforts to increase transparency, accountability and the role of small businesses in development of regulations within every federal agency.
Issue Summary: Many of the federal regulatory issues facing the hearth industry relate to a lack of accountability and requirements for federal agencies as they develop major regulations. The Small Business Regulatory Flexibility Improvements Act (H.R. 33; S. 584) is a bill which would require agencies to analyze the impacts to small businesses affected indirectly.
Notably, the bill would amend the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 to require agencies, in developing small entity compliance guides, to solicit input from affected small entities or associations of small entities. At this point, the SBREFA only applies to the EPA and to OSHA; therefore, this would help small businesses and increase accountability for agencies like the Department of Energy.
Hearth Products Specialty License
Position Statement: HPBA encourages states and local jurisdictions to incorporate a hearth specialty license credentialed in part by the National Fireplace Institute (NFI) into their code in order to ensure the safe and appropriate installation and servicing of gas and solid fuel hearth products. HPBA created model language that can be used to establish a hearth specialty license under a state or local jurisdiction’s HVAC-R, mechanical, or other code.
LEARN MORE ABOUT THE MODEL LANGUAGE
Issue Summary: Fireplaces, hearth products and systems are unique products that bring fire into the living area of the home. Potential problems related to improper installation may be concealed and may not manifest themselves for a considerable time after installation. There are a wide variety of fuels, appliances, venting systems, installation instructions, codes and standards that require specialized knowledge. Credentials establish a bar for qualifications and thereby help to prevent potentially dangerous practices.
Appropriate and effective credentials should be specific to the product. Competence cannot be reliably predicted by general qualifications that include dissimilar products and that do not adequately cover knowledge of fireplace products installation. Exclusion of demonstrably appropriate fireplace-specific qualifications unfairly prevents highly-qualified professionals from practicing their trade, earning a livelihood, and contributing to the economic welfare of the region/state. The NFI exams are singularly focused on fireplace products. The exams are developed and maintained in accordance with national testing standards, including a job analysis basis.
EPA’s Lead Renovation, Repair and Painting Program
Position Statement: While HPBA continues to support the broad principle behind EPA's Lead, Renovation, Repair and Painting (Lead RRP) Program - that of protecting occupants, especially children under the age of six and pregnant women, of residential dwellings from lead hazard exposure - HPBA remains disappointed with EPA's removal of the opt-out provision, lack of enforcement of the laws, and the lack of a commercially-available lead test kit that meets both the positive and negative response criteria. HPBA looks forward to working with EPA and other stakeholders to address these concerns and possible solutions.
Issue Summary: On April 22, 2008, EPA published a final rule on the Lead RRP program pursuant to the Toxic Substances Control Act (TSCA). TSCA requires EPA to establish regulations that apply to renovation or remodeling activities in target housing that create lead-based paint hazards. Target housing includes, with some exceptions, any housing constructed prior to 1978. The statute calls on EPA to craft regulations in a reasonable and prudent manner and to consider the economic impact of any regulatory action.
EPA finalized an amendment to the opt-out and recordkeeping provisions of the program on May 6, 2010. Clearance and clearance testing requirements were established by an August 5, 2011 final rule. Complicating this rule is the reality that reliable lead test kits do not exist. Imprecise test kits result in false positives (test results inaccurately indicating the presence of lead) and servicers having to assume the presence of lead in pre-1978 housing.