8431 Murphy Drive Middleton, WI 53562

Telephone: 608 836 4400

Facsimile: 608 831 9279

www.intertek-etlsemko.com

Intertek Testing Services NA, Inc. 8431 Murphy Drive, Middleton, WI 53652 13 October 2011



### Ms. Brenda Edwards U.S. Department of Energy, Bu ilding Technologies Program Mailstop EE–2J, 1000 Independence Avenue, SW. Washington, DC 20585–0121

DHE–2011–STD– 0047@ee.doe.gov

Subject: NOPR on Energy Conservation Standards for Direct Heating Equipment

Docket No. EERE-2011-BT-STD-0047

RIN 1904-AC56

Dear Ms. Edwards:

I am the chief engineer for Intertek Testing Services NA Inc in the Hearth Products area. Intertek has been involved in the testing and certification of e fficiency of many products and appliances regulated under the Energy Policy and Conservation Act and 10 CRF Part 430 regulations. We support this process by providing accurate and comprehensive te sting and certification services to industry toassure that compliance with DOE requirements is documented and reliable. As an independent thirdparty testing and certification agency we have no direct economic or specific business interest that would be affected by additional or revised regulations aside from the obvious issue of regulations that result in specific industries we serve becoming non-viable.

Intertek also provides safety testing and certificati on services in accordance with standards specified in various codes and regulations. As a result of this activity we have gained considerable expertise in the test methods and technology involved in the gas burning appliance industry. Within this context, we wish to provide the DOE with some comment on this energy efficiency initiative together with a broader examination related to safety testing, market constraints, consumer choice and cost

effectiveness.

Issue 1. Given the lack of a statutory definition for ‘‘direct heating equipment,’’ whether DOE’s interpretation that decorative vented hearth products and vented gas log sets are types of direct heating equipment is reasonable.

Intertek’s does not take a position whether the DOE’s interpretation that decorative vented hearth products and vented gas log sets are types of direct heating equipment is reasonable or not. We do wish to provide some technical information regarding this product class that the DOE may wish to consider.Intertek Testing Services NA, Inc. 8431 Murphy Drive, Middleton, WI 53562  Utilizing the proposed interpretation (the fact that the decorative products in question have a flame present and inevitably provide some amount of heat to the room where they are located) would seem to require a similar but unintended interpretation for gas clothes dryers or water heaters since they also have a flame present and some of the heat produced inevitably results in radiation and warming of air. Obviously, for all of these products the primary function is not to act as a DHE.

 Based upon our evaluation of this product type, many decorative gas appliances are designed to provide as little heat as possible to the spac e in which they are installed. For example, decorative gas appliances are frequently installe d in restaurants, bars and hotel lobbies where significant heat output is not desirable. A very significant portion of the market for decorative gas appliances is in climate zones where energy consumption for heating is minimal and cooling is by far the largest energy consumption application. Decorative gas appliances areoften operated to provide a cosy or romantic ambiance even though the space may be airconditioned much of the time. In such cases the owner wants only the visual appeal, but certainly not high heating efficiency. In fact, a high heating efficiency would only increase energy consumption as it would increase the cooling load.

 Alternatively, in some instances these devices are installed without an objective to prohibit or limit heat production. While these products are primarily for aesthetic appeal, some consumers also would choose to have heat production as a secondary or back-up heat source. Even if the heating efficiency is low compared to heater rated products, any heat output would be seen as a bonus to someone who anticipates using the appliance primarily during the heating season in a cold climate. Because of the mixed reasons for installing these products, it may prove difficult to correctly gauge what a consumer actually wants in terms of energy efficiency for this type of product.

 Gas log sets that are designed to be installed in wood burning fireplaces produce a highly variable net heat output that cannot be readily evaluated as the heat production is a function of the particular fireplace and log set combination. In most cases the net heat output depends on the specific fireplace geometry, materials, chimney and damper, duration of operation and outdoor temperature. Because the heat output is so low, test measurement for efficiency purposes may not provide meaningful data. In any case, there is no currently recognized test method for evaluation of efficiency for this product type.

 Decorative gas appliances are not allowed, under applicable codes and safety standards, to be supplied or installed to operate under thermostatic control. They are supplied with an ON/OFF control which may be a knob or valve on the appliance, a simple electrical switch or even a remote control. They are clearly not intended to turn on and off on their own in response to room temperature. They are intended to be turned on when the user wants to see the fire burning and off when he/she does not. Usage patterns are thus discretionary, highly variable and unpredictable. Some gas fireplaces may only be operated for a few hours a year, if at all, and others may be on continuously during business hours of a hospitality establishment. Heating appliances are designed and intended to maintain a comfortable room temperatureIntertek Testing Services NA, Inc. 8431 Murphy Drive, Middleton, WI 53562 automatically through thermostatic control. DO E has correctly identified thermostatic control as a key distinguishing feature of heating appliances. This is already codified in the National Fuel Gas Code (NFPA 54-2009) as follows:

“10.6.2 Installation. A decorative appliance for installation in a vented fireplace shall be installed only in a vented fireplace having a working chimney flue and constructed of noncom bustible materials. These appliances shall not be thermostatically controlled.” (Emphasis added.)

 Without thermostatic control and regular use, establishing average usage patterns for purposes of determining energy efficiency or costs, it may prove difficult to provide meaningful guidance to the consumer.

 The usage pattern issue creates a substantial issue with application of the test method specified which applies to gas room heaters, and wall and floor furnaces. This test method (10 CFR part 430, subpart B, appendix O) is built upon the basic premise that the appliance is installed and operated to satisfy a heating load of a building. Calculations and factors used to define Annual Fuel Utilization Efficiency (AFUE) are based on specific data such as indoor and outdoor design temperatures, heating degree days, heating and non-heating hours per year, and on and off cycle times. These are all factors that are irrelevant for appliances whose purpose is primarily decorative and not heating. There is a further concern in attempting to adapt the test method to approximate actual use where, almost certainly, these products will be used in an environment with functioning primary heating or cooling equipment.

We have no comments on issues 2, 3 and 4 as listed in the NOPR. However, we do wish to provide some information concerning the specific proposal to eliminate the use of continuously burning standing pilot lights. We are concerned that elimination of standing pilot ignition systems may have important unintended consequences.

 Standing pilot lights have been a very important safety feature of gas fired appliances that may not be readily replaced by intermittent or elec tronic ignition system alternatives. The most obvious is that they do not require a connection to household electrical power or batteries to operate. That means that they can be insta lled and operate safely even when no electrical power is available. In the case of long term winter power outages, a dual purpose decorative gas appliance with a secondary heating function can provide sufficient back up heating to mitigate serious risk to buildings and occupants.

 Standing pilot light ignition systems can significa ntly reduce installation costs as, in many cases, they would make it unnecessary to hire an electrician to install a circuit that would be needed by most Intermittent Electric Ignition syst ems. Decorative gas log sets are virtually always installed in masonry or factory built wood burning fireplaces where an electrical connection is typically not available. Built-i n decorative fireplaces generally require a hardwired electrical connection to operate an electronic ignition system.Intertek Testing Services NA, Inc. 8431 Murphy Drive, Middleton, WI 53562  Consumers may be more likely to turn off the pilot light of a decorative appliance installed in a frequently used room where they can see the pilot than in direct heating equipment such as cabinet style room heaters or wall and floor furnaces where one would have to go to some effort to determine if the pilot light is on or not. Therefore, the assumption that 75% of users would not turn pilot lights off when the appliance is not being used regularly may be high. It seems that a notification advising consumers to turn off pilot lights during the non-heating season should mitigate the energy consumption c oncern below 75%, as is the assumption with other manually controlled DHE appliances. Certainly, for those consumers who value energy efficiency, use of a pilot light control to turn off the appliance allows direct control over the energy efficiency of the product.

 Based upon our experience in testing these products the vast majority of pilot light controls consume less than 800 Btu/hr. Therefore, the estimate of 1250 Btu/hr as an average pilot light gas consumption is probably high.

 Again, based upon our experience in testing these products, most gas log sets actually sold are “manually lit” and have no pilot light or IEI systems. The proposed elimination of standing pilots lights would, in our opinion, tend to discourage greater use of safer flame proving automatic ignition systems and result in more installations of manually lit gas log sets. In fact the proposal would eliminate from the market t he lowest cost decorative appliances that have automatic ignition and flame failure safety cont rols. This would leave consumers who can’t afford the higher cost of IEI equipped products with only the low cost and potentially less safe manually lit appliances to choose from.

 The DOE should consider the benefit of allowing designs to include standing pilot lights, particularly in decorative appliances with large glass fronts. In the event a gas valve fails to close completely when the main burner is shut off, a standing pilot will ignite the leaking gas as soon as the concentration reaches the “Lower Flammability Limit”. This results in an explosive ignition of relatively low energy and power. Under the same condition an IEI system will attempt ignition only when the control calls for it (whether this is automatic or the result of the user turning the appliance on). The timing can result in ignitions when the appliance is filled with a significantly higher concentration of gas and result in a substantially more powerful explosion with an increased potential to break the glass and possibly cause injury.

 There are products that can be either an unvented room heater or a vented decorative appliance as indicated in the following from ANSI Z21.11.2:

“1.21.15 A heater having dual certification (ANSI Z21.11.2 & Z21.60) and which uses a common rating plate and printed instructions to indicate that the model can be used as both an unvented room heater and as a vented decorative appliance for installation in a solid-fuel burning fireplace or listed ventless firebox enclosure, shall have the following statement included in the printedIntertek Testing Services NA, Inc. 8431 Murphy Drive, Middleton, WI 53562 instructions: “State or local codes may only allow operation of this appliance in a vented configuration. Check your state or local codes.””

The proposed elimination of pilot lights would be pr oblematic for this type of appliance as it must have an Oxygen Depletion Safety Shutoff system which is a specialized form of a standing pilot. When installed as an unvented room heater these appliances are, of course, nearly 100% efficient heaters, but when installed as vented decorative appliances in a fireplace the efficiency is unknown, but certainly substantially lower.

While we understand that DOE’s focus and charter must be on energy efficiency and conservation, we present these comments to the proposed regulations to include other considerations that impact the safe design and usage of these products. Obviously the energy efficiency goals need to accommodate these other factors as well. Intertek is available and willing to provide additional information and support to the DOE in its consideration of this subject. Please do not hesitate to call upon us if we can be of assistance.

Respectfully Submitted:



### Rick Curkeet, PE Chief Engineer-Hearth Products