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310 CMR 7.26(50) Outdoor Hydronic Heaters

(50) Outdoor Hydronic Heaters- Applicability. 

(a) 310 CMR 7.26(50)-(54) applies to any person who owns, operates, 

manufactures, supplies, distributes or sells, or any person who intends to 

distribute or sell, or market an outdoor hydronic heater for use in the 

Commonwealth of Massachusetts (Commonwealth), except outdoor hydronic 

heaters rated with a heat input of 1 MMBtu/hr or greater that are subject to the 

Comprehensive Plan Application provisions at 310 CMR 7.02(5)(a)4.

(b) In addition to 310 CMR 7.26(50)-(54), Outdoor hydronic heaters may also be 

required to comply with other regulations governing design, manufacture and 

installation of boilers, including, but not limited to:

1. 522 CMR 5.00, Heating Boilers;

2. 522 CMR 6.00, Low-Pressure Heating Boilers;

3. 527 CMR 4.00, Oil Burning Equipment, for outdoor hydronic 

heaters that are dual-fuel units; and

4. 780 CMR 6007, Solid Fuel-Burning Appliances of the State 

Building Code.

(51) Definitions. The following words and phrases shall have the following meanings 

as they appear in 310 CMR 7.26(50)-(54). Where a term is defined in 310 CMR 

7.00 Definitions and the definition also appears in 310 CMR 7.26(51) for 

purposes of 310 CMR 7.26(50)-(54) interpretation, the definition found in 310 

CMR 7.26(51) shall govern. 

At Retail means the sale by a commercial proprietor of an outdoor hydronic 

heater.

Clean wood means wood that has no paint, stains, or other types of coatings, and 

wood that has not been treated with preservatives, including but not limited to, 

copper chromium arsenate, creosote, or pentachlorophenol.

Commercial-size outdoor hydronic heater means a heater with a rated thermal 

output greater than 350,000 Btu/hr and a heat input design capacity less than 1 

MMBtu/hr as rated by the test method identified in 310 CMR 7.26(54)(c)2. 

Distribute or sell means to distribute, sell, advertise for sale, offer for sale, lease, 

ship, deliver for shipment, release for shipment, or receive and (having so 

received) deliver or offer to deliver for use in the Commonwealth. 

EPA’s ETV Program means U.S. Environmental Protection Agency’s 

Environmental Technology Verification Program.

Executive summary means a report submitted to the Department that summarizes 

the results of testing compiled using tables 1, 2a and 2b, heating season and year-
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round weighted average, respectively, as incorporated in the EPA test method 28 

for outdoor hydronic heaters for the applicable particulate matter standards. 

Existing unit or Existing outdoor hydronic heater means an outdoor hydronic 

heater that is contracted to be paid in full, purchased and paid in full or installed 

and/or operated at the intended location of use prior to December 26, 2008.

Heater Efficiency means the ratio of the delivered useful heat output measured by 

the prescribed test method referenced in 310 CMR 7.26 (54)(c)2 to the calculated 

heat input of the hydronic heater measured by the same test method.

Heating season means the period beginning October 1 and ending May 15 

inclusively.

Manufactured means built and operational, and subsequently ready for shipment 

(whether packaged or not).

Manufacturer means any person who constructs or imports into the United States 

an outdoor hydronic heater for use in the Commonwealth.

Model means all outdoor hydronic heaters offered for distribution or sale by a 

single manufacturer that are the same design and output capacity. 

Opacity means the degree to which emissions other than water reduce the 

transmission of light and obscure the view of an object in the background. 

Outdoor hydronic heater or heater means a fuel burning device: (1) designed to 

burn wood or other approved solid fuels; (2) that the manufacturer specifies for 

outdoor installation or installation in structures not normally occupied by humans 

(e.g., garages); and (3) that heats building space and/or water via the distribution, 

typically through pipes, of a fluid heated in the device, typically water or a 

water/antifreeze mixture. 

Operator means any person who owns or operates an outdoor hydronic heater in 

the Commonwealth.

Particulate matter or PM means the total particulate matter measured in 

accordance with the test methods specified in 310 CMR 7.26(54)(c)2. 

Residential-size outdoor hydronic heater means a heater with a rated thermal 

output of 350,000 Btu/hr or less as rated by the test method identified in 310 

CMR 7.26 (54)(c)2.

Sale means the transfer of ownership or control.
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Seller means any person who distributes or sells an outdoor hydronic heater for 

use in the Commonwealth.

Similar in all material respects means that the construction materials, exhaust and 

inlet air system, and other design features are within the allowed tolerances for 

components identified in 310 CMR 7.26(54)(e)1.

Startup period means the time period beginning with flame stability after first 

charge of wood fuel or other approved solid fuel and is no longer than a two-hour 

duration. This definition only includes initial startup where no previous coal bed 

exists. This does not include refueling.

(52) Requirements for Operators

 

(a) On and after December 26, 2008 no person shall:

1. Purchase, install or allow the installation of an outdoor hydronic heater 

unless it has been certified in accordance with 310 CMR 7.26(54)(a), to 

meet the applicable emission standard set forth in 310 CMR 7.26(53)(a)or 

310 CMR 7.26(53)(b). 

2. Site or install a residential-size outdoor hydronic heater that meets the 

emission standard defined in 310 CMR 7.26(53)(a), unless it is installed at 

least 50 feet from any property line and 75 feet from any occupied 

dwelling that it is not serving, at the time of installation.

3. Site or install a commercial–size outdoor hydronic heater that meets the 

emission standard defined in 310 CMR 7.26(53)(b), unless it is installed at 

least 275 feet or more from any property line and 300 feet from any 

occupied dwelling that it is not serving, at the time of installation, unless a 

variance has been granted pursuant to 310 CMR 7.26(52)3.a.- d. from the 

setback to the property line that allows a shorter distance than 275 feet. 

a. Variance procedure. An application for a variance from the 

setback to the property line shall be submitted to the 

Department by the owner prior to installation of the unit. The 

Department will not grant a variance from the required distance 

of 300 feet to the nearest occupied dwelling.

b. Prior to submitting an application to the Department, the 

applicant shall, at its sole expense, notify the following groups 

by certified mail of the request for a variance:

i. residents of any occupied dwelling within 500 feet 

of the proposed location of the unit;

ii. the board of health of the municipality in which the 

unit is to be located; and

iii. the board of health of the adjacent municipality if 

the unit is within 500 feet of an adjacent 

municipality.
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c. Application requirements. In the application for a variance, the 

owner shall: 

i. Show that meeting the setback is not feasible, based 

solely on the size and configuration of the property 

on which the unit is to be installed. Feasibility shall 

not include consideration of cost to install the unit if 

the size of the property is sufficient to meet the 

setback. 

ii. Include a detailed site plan that clearly shows the 

proposed location and distances of the unit relative 

to the applicant’s property lines and the distances to 

all occupied dwellings or buildings within 500 feet 

of the unit, and the zoning of the adjacent 

properties;

iii. Include a copy of the notice and certified mail 

receipts showing the appropriate people were 

notified as required at 310 CMR 7.26(52)(a)3.b.

d. Criteria for granting or not granting the variance.

i. Meeting the setback to the property line is not 

feasible based solely on the size and configuration 

of the property.

ii. In no case shall a variance be granted for a distance 

of less than 200 feet to the property line.

iii. Granting such a variance will not cause or 

contribute to a condition of air pollution .

e. Appeals of Determinations. The applicant or any party who is 

aggrieved by the decision issued by the Department may 

request an adjudicatory hearing on that determination in 

accordance with 310 CMR 1.00 and M.G.L. c.30A..

4. Site or install an outdoor hydronic heater that meets the emission standard 

defined in 310 CMR 7.26(53)(a) or 310 CMR 7.26(53)(b), unless it has a 

permanent stack extending two feet higher than the peak of any roof 

structure located within 150 feet of the outdoor hydronic heater, if the 

outdoor hydronic heater is installed less than 150 feet from the nearest 

occupied dwelling that it is not serving. 

(b) Existing Units– All operators of existing outdoor hydronic heaters shall 

comply with the following requirements:

1. 310 CMR 7.26(52)(c) through 310 CMR 7.26(52)(j) inclusively; and

2. have a permanent stack extending two feet higher than the peak of any 

roof structure located within 150 feet of the outdoor hydronic heater, if the 

outdoor hydronic heater is installed less than 150 feet from the nearest 

occupied dwelling that it is not serving. Such permanent stack shall be 

installed no later than March 1, 2009.
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(c) Seasonal limitations: No person shall cause, suffer, allow or permit the 

operation of an outdoor hydronic heater from May 16 to September 30 

unless the outdoor hydronic heater has been certified in accordance with 

310 CMR 7.26(54) to meet the emission standard set forth in 310 CMR 

7.26(53)(a)or 310 CMR 7.26(53)(b)as applicable, or it is an existing unit 

installed at least 500 feet from the nearest occupied dwelling that it is not 

serving. 

(d) Prohibited fuels: No person shall cause, suffer, allow or permit the 

burning of any of the following items in an outdoor hydronic heater:

1. any wood that does not meet the definition of clean wood;

2. garbage;

3. tires;

4. lawn clippings, leaves, brush trimmings, or general yard waste;

5. materials containing asbestos;

6. materials containing lead, mercury, or other heavy or toxic metals;

7. materials containing plastic;

8. materials containing rubber;

9. waste petroleum products;

10. paints and paint thinners;

11. chemicals;

12. coal;

13. glossy or colored papers;

14. construction and demolition debris;

15. plywood;

16. particleboard; 

17. salt water driftwood and other previously salt water saturated materials;

18. manure;

19. animal carcasses; and

20. asphalt products.

(e) Allowable fuels: No person that operates an outdoor hydronic heater shall 

cause, suffer, allow or permit the use of a fuel other than the following:

1. clean wood;

2. wood pellets made from clean wood;

3. home heating oil in compliance with the applicable sulfur content limit or 

natural gas may be used as starter fuels or substitute fuel in dual-fired 

outdoor hydronic heaters; and

4. other biomass fuels as approved by the Department. 

(f) Visible Emission Standard 

1. No person shall cause, suffer, allow or permit the emission of air 

contaminants from any residential-size outdoor hydronic heater or 

commercial-size outdoor hydronic heater to exceed an average of 20 

percent opacity for two minutes in any one-hour period.
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2. No person shall cause, suffer, allow or permit the emission of air 

contaminants from any residential-size outdoor hydronic heater or 

commercial-size outdoor hydronic heater to exceed at any time 40 percent 

opacity for the first 6 minutes during the startup period of a new fire. For 

the remainder of the startup period no person shall cause or allow the 

emission of air contaminants from any outdoor hydronic heater to exceed 

a 20 percent opacity standard in any consecutive two minute average 

period. 310 CMR 7.26(52)(f)2 only applies to the initial firing of the unit 

where no coal bed exists and does not apply to refueling.

3. Opacity under this subsection shall be determined pursuant to EPA 

Method 9 Visual Determination of the Opacity of Emissions from 

Stationary Sources (40 CFR Part 60, Appendix A).

(g) No person shall cause, suffer, allow or permit the operation of any outdoor 

hydronic heater except in conformance with the manufacturer’s operating 

and maintenance instructions.

(h) No person shall operate an outdoor wood boiler using a rain cap unless 

this device is required by the manufacturer specifications.

(i) No person shall cause, suffer, allow or permit the operation of an outdoor 

hydronic heater in such a manner as to create a condition of air pollution 

as defined in 310 CMR 7.00.

(j) Enforcement: An operator of an outdoor hydronic heater shall comply 

with all applicable regulations, and state and local laws, including but not 

limited to local bylaws, regulations and ordinances. 310 CMR 7.26(52) is 

subject to the enforcement provisions specified at 310 CMR 7.52. 

(53) Requirements for Sellers.

(a) Particulate Matter Emission Standards for Residential-size Outdoor Hydronic 

Heaters:

On and after December 26, 2008, no person shall import, distribute or sell, 

install or allow the installation of a residential-size outdoor hydronic heater 

for use in the Commonwealth unless it has been certified to meet a particulate 

matter emission limit of 0.32 lb/MMBtu heat output. In addition, within each 

of the burn rate categories as established in EPA test method 28 for OWHH, 

no individual test run shall exceed eighteen (18) grams per hour. 

(b) Particulate Emission Standards Commercial-size Outdoor Hydronic Heaters:

On and after December 26, 2008, no person shall import, distribute or sell, 

install or allow the installation of a commercial-size outdoor hydronic heater 

for use in the Commonwealth unless it has been certified to meet a particulate 
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matter emission standard of 0.32 lb/MMBtu heat output. In addition, within 

each of the burn rate categories as established in EPA test method 28 for 

OWHH, no individual test run shall exceed twenty (20) grams per hour. 

(c) Labeling: On and after December 26, 2008, no person shall import, distribute 

or sell, install or allow for installation an outdoor hydronic heater for use in 

the Commonwealth without meeting the labeling requirements in 310 CMR 

7.26(54)(j).

(d) Notice to Buyers: No person shall distribute or sell an outdoor hydronic heater 

for use in the Commonwealth unless prior to any sale or lease agreement, the 

seller provides the buyer or lessee with a copy of 310 CMR 7.26(50)-(54), the 

owners manual, including operating and maintenance instructions, a written 

fact sheet provided by the Department and a copy of the certification as 

required by 310 CMR 7.26(54) of the model to be installed.

(e) Enforcement: Sellers shall comply with all applicable regulations, and state 

and local laws, including but not limited to local bylaws, regulations and 

ordinances. 310 CMR 7.26(53) is subject to the enforcement provisions 

specified at 310 CMR 7.52.

(54) Requirements for Manufacturers

(a) Certification Requirement

1. On and after December 26, 2008, no person shall import, distribute or sell, 

install or allow the installation of an outdoor hydronic heater for use in the 

Commonwealth unless the manufacturer has certified compliance with the 

requirements of 310 CMR 7.26(53)(a) or 310 CMR 7.26(53)(b) in 

accordance with the provisions of 310 CMR 7.26(54)(b). A certification 

submitted to the Department shall be valid for a period of five years unless 

revoked by the Department under 310 CMR 7.26(54)(g).

2. The date of certification shall be thirty (30) days from the date postmarked 

on the envelope used to submit the certification to the Department, as 

required under 310 CMR 7.26(54)(b), unless the Department, within those 

thirty (30) days, notifies the manufacturer that the date of certification 

shall be greater than (30) days.

(b)Certification Procedure. For each model, a manufacturer shall have at least 

one outdoor hydronic heater tested by an accredited laboratory in order to 

demonstrate that the model meets the applicable emission standard(s). The 

manufacturer shall submit an executive summary to the Department. The 

Department may request, at its discretion, the entire test report, including but 

not limited to, the raw data and notes taken at the applicable laboratory.
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The certification shall include, but not be limited to, the following information 

that: 

1. testing was conducted in accordance with EPA’s test method 28 for 

OWHH or an alternative method approved by the Department; 

2. testing was conducted by an accredited laboratory; 

3. certification testing was performed for heating season use and/or year 

round use; 

4. testing results indicated that the outdoor hydronic heater meets the 

emission standards as defined in 310 CMR 7.26(53)(a) and 310 CMR 

7.26(53)(b); 

5. the manufacturer was not involved in conducting the testing procedures 

except for providing specifications and assembly drawings;

6. the accredited laboratory conducted a certification test on an outdoor 

hydronic heater similar in all material respects to other units of the model 

to be certified; 

7. the test data was reviewed in accordance with EPA’s ETV Program or, 

alternatively, an independent contractor approved by the Department who 

has no conflict of interest or financial gain in the outcome of the testing or 

by the Department in its discretion solely or in coordination with other 

NESCAUM state representatives; and

8. a responsible official certifies in accordance with 310 CMR 70.03(2) on 

forms prescribed and furnished by the Department. 

(c)Testing Requirements.

1. Test Facility

a. All emissions testing shall be conducted by an accredited, qualified, 

and independent testing laboratory that has no conflict of interest or 

financial gain in the outcome of the testing. 

b. Manufacturers of outdoor hydronic heaters shall not involve 

themselves in the conduct of any emissions testing under 310 CMR 

7.26(54)(c) or in the operation of the unit being tested, once actual 

testing has begun.

2. Test Method – Emission tests shall be conducted using one of the 

following:

a. EPA Test Method 28 OWHH; or

b. An alternative method approved by the Department. 

3. Btu Rating – Testing to determine the heat output in MMBtu/hr shall be 

conducted according to the test method defined in 310 CMR 7.26(54)(c). 

4. Test Protocols – If there is any deviation from the test method defined in 

310 CMR 7.26(54)(c)2a, the manufacturer of the outdoor hydronic heater 

shall provide the Department, or equivalent authority approved by the 

Department, with a test protocol for approval in accordance with the 
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testing requirements in 310 CMR 7.26(54)(c) 45 days prior to the emission 

testing for certification. The Department shall approve or disapprove the 

proposed test protocol in writing within 30 days.

(d) Approved Test Facilities – An accredited laboratory shall conduct all of 

the testing, test reporting, and product inspection requirements of 310 

CMR 7.26(50)-(54), but the manufacturer shall be responsible for ensuring 

that all information required pursuant to 310 CMR 7.26(50)-(54) is 

provided to the Department. Emission test reviews for certification shall 

be conducted by EPA’s ETV Program or, alternatively, an independent 

contractor approved by the Department, in writing, who has no conflict of 

interest or financial gain in the outcome of the testing. The Department 

may in its discretion, with reasonable notice, perform the review of testing 

results for certification of a model or individual outdoor hydronic heater. 

1. Laboratory Accreditation Requirements – A laboratory shall be 

accredited:

a. by the U.S. Environmental Protection Agency (EPA) for 

testing wood-burning residential space heaters in 

accordance with 40 CFR Part 60, Subpart AAA;

b. by the American National Standards Institute (ANSI) to the 

International Standards Organization (ISO) Standard 

ISO/IEC Guide 65 General Requirements for Bodies 

Operating Product Certification Systems; or

c. by a nationally recognized accreditation body to ISO/IEC 

17025, General Requirements for the Competence of 

Testing and Calibration Laboratories. 

i. The nationally recognized accrediting body itself 

shall be accredited to, and operate under ISO Guide 

58 (Calibration and Testing Laboratory 

Accreditation Systems – General Requirements for 

Operation and Recognition); and

ii. by a nationally recognized accreditation body to the 

American Society for Testing and Materials 

(ASTM) Standard Practice D7036-04; Competence 

of Air Emission Testing Bodies.

(e) Change in Design Parameter – A model shall require a new certification 

whenever any change is made in the design that is presumed to affect the 

particulate emission rate for that model. Changes that are presumed to 

affect particulate emission rates for models include, but are not limited to:

1. Tolerance changes: any change in the indicated tolerances of any of 

the following components is presumed to affect particulate emission 

rates if that change exceeds ±0.64 cm (± 1⁄4 inch) for any linear 

dimension and ±5 percent for any cross-sectional area relating to air 
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introduction systems and catalyst bypass gaps unless other dimensions 

and cross-sectional areas are previously approved by the Department;

2. Firebox: dimensions;

3. Air inductions systems: cross–sectional area of restrictive air inlets, 

outlets and location, and method of control;

4. Baffles: dimensions and location;

5. Refractory/insulation: dimensions and location;

6. Catalyst: dimensions and location;

7. Catalyst bypass mechanism: dimensions, cross-sectional area, and 

location;

8. Flue gas exit: dimension and location;

9. Door and catalyst bypass gaskets: dimension and fit;

10. Outer shielding and coverings: dimension and location;

11. Fuel feed system;

12. Forced air combustion system: location and horsepower of blower 

motors and fan blade size.

(f) Change in materials – A model shall require a new certification whenever 

any change is made in a material that is presumed to affect the particulate 

emission rate for that model. Any change in the materials used, including 

but not limited to, the following components is presumed to affect 

emissions:

1. refractory/insulation;

2. door and catalyst bypass gaskets;

3. for catalyst equipped units – change in catalyst make, model or 

composition;

4. heat exchanger;

5. heating fluids.

(g) Revocation. Certification of an outdoor hydronic heater may be revoked 

by the Department for the following reasons, including but not limited to:

1. the outdoor hydronic heater does not meet the applicable particulate 

emission standard in 310 CMR 7.26(53)(a) or 310 CMR 7.26(53)(b) 

based on test data from retesting the original unit used for certification 

testing;

2. a finding that the certification test was not valid;

3. a finding that the unit does not comply with the labeling requirements 

detailed in 310 CMR 7.26(54)(j);

4. failure to comply with recordkeeping requirements pursuant to 310 

CMR 7.26(54)(l);

5. physical examination showing that more than twenty percent of 

production units inspected are not similar in all material respects to the 

model used for certification testing; 

6. failure of the manufacturer to conduct a quality assurance program as 

detailed in 310 CMR 7.26(54)(h); or
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7. repeated field observed opacity violations of residential size and 

commercial-size units and a determination by the Department that the 

model cannot consistently comply.

(h) Quality Assurance Program – 310 CMR 7.26(54)(h) shall only be effective if 

EPA’s ETV Program is not the lead quality assurance verifier of outdoor 

hydronic heater lab certification testing procedures and emissions reporting 

for model/model line outdoor hydronic heater certifications. The manufacturer 

or its designee shall conduct a quality assurance program that, at a minimum, 

includes the following requirements:

1. The manufacturer or authorized representative shall have one in every 

150 units produced of a model inspected to determine that the units are 

within applicable tolerances or to determine if there are any changes in 

material for all components that affect emissions as listed in 310 CMR 

7.26(54)(e) and 310 CMR 7.26(54)(f). A qualified, independent third 

party contractor or consultant shall conduct the inspection.

2. The manufacturer or authorized representative shall be responsible for 

ensuring that an emission test is conducted by a qualified, independent 

third party testing contractor or consultant on a randomly selected unit 

produced of a model on the following schedule: 

If certification 

test results were:

If yearly production per model is:

<500 total production ≥500 total production

>70% of the PM 

emission standard

When directed by the 

Department not to exceed 

one of every 500 units

Every 500 units or 

triennially (whichever 

is more frequent)

70% or less of the 

PM emission 

standard

When directed by the 

Department not to exceed 

one of every 1,000 units

Every 1,000 units or 

triennially (whichever 

is more frequent)

30% or less of the 

PM emission 

standard

Every 2,000 units Every 2,000 units or 

annually (whichever is 

more frequent)

3. The emission test shall be conducted in conformity with 310 CMR 

7.26(54)(c)2. 

4. If the manufacturer uses a different material for the firebox, firebox 

component, or hydronic heating mechanism than the one used for 

certification testing, the first test shall be performed before 500 units 

of the modified unit are produced. The manufacturer shall submit an 

executive summary or if requested by the Department the entire testing 

results, including but not limited to, the raw data and notes taken by 

the lab technicians, documenting the results of this emission test to the 

Department within 45 days of completion of testing. 
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(i) Notification by Manufacturers 

1. By April 30 each year, and as outdoor hydronic heaters are certified, 

manufacturers shall provide the following information in writing to 

any person to whom the manufacturer has distributed, intends to 

distribute, or actually distributes or sells outdoor hydronic heaters for 

use in the Commonwealth:

a. a list of all models of outdoor hydronic heaters that it manufactures 

for use in the Commonwealth; and

b. a list of models that have received certification to meet the 

particulate matter emission standards as set forth in 310 CMR 

7.26(53)(a) and 310 CMR 7.26(53)(b) and the certification 

requirements as set forth in 310 CMR 7.26(54) (b) for use in the 

Commonwealth.

2. This information shall be kept by the manufacturer in accordance 

with 310 CMR 7.26(54)(l).

(j) Labeling Requirements: On and after December 26, 2008, manufacturers 

of outdoor hydronic heaters shall meet the following labeling requirement 

for units distributed or sold, offered for sale or leased for use in the 

Commonwealth:

1. Permanent Label: Every outdoor hydronic heater shall have a 

permanent label that shall:

a. Be made of a material expected to last the lifetime of the outdoor 

wood boiler.

b. Be affixed in a readily visible or accessible location.

c. Be affixed in such a manner that it cannot be removed from the 

outdoor wood boiler without damage to the label.

d. Display the following information on the label:

i. name and address of the manufacturer;

ii. date of manufacture;

iii. model name and number;

iv. serial number;

v. thermal output rating in Btu/h;

vi. certified emission rate in heat output expressed as 

lb/MMBtu 

vii. certified particulate emission rate in grams per hour; 

and

viii. a statement as to whether the unit is certified to be used 

year-round or only during the heating season or both.

2. Temporary Label: All units shall have attached to them a temporary 

label that shall contain the following:

a. a statement indicating the certification status of the model;
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b. a graphic representation of the composite particulate matter 

emission rate as determined in the certification test, or as 

determined by the Department;

c. a graphic representation of the efficiency of the model;

d. a numerical expression of the heat output range in British 

thermal units per hour (Btu/hr) rounded to the nearest 100 Btu/hr; 

and

e. statements regarding the importance of proper operation and 

maintenance.

3. The temporary label shall:

a. not be combined with any other label; and

b. be attached to the unit in such a manner that it can be easily 

removed by the consumer.

(k) Owner’s Manual – On and after December 26, 2008, each outdoor 

hydronic heater offered for sale or lease for use in the Commonwealth 

shall be accompanied by an owner’s manual that shall be published by the 

manufacturer and contain all the information listed below:

1. proper thermal output capacity for matching with the building’s 

thermal demands;

2. proper installation information;

3. operation and maintenance information;

4. wood or other approved solid fuel loading procedures;

5. list of approved solid fuels;

6. list of prohibited fuels

7. recommendations on wood or other approved solid fuel selection;

8. fire starting procedures;

9. proper use of air flow devices, if applicable;

10. ash removal procedures; 

11. for catalytic models, information pertaining to maintaining catalyst 

performance, maintenance procedures, procedures for determining 

catalyst failure or deterioration, procedures for replacement, and 

information on warranty rights; and

12. persons operating this hydronic heater are responsible for operation of 

the hydronic heater so as not to cause a condition of air pollution as 

defined in 310 CMR 7.01(1). 

(l) Recordkeeping: Every manufacturer of an outdoor hydronic heater shall 

keep records demonstrating compliance 310 CMR 7.26(54). These 

records shall be kept and maintained by the manufacturer. These records 

shall be kept on site for a period not less than five years and shall be made 

available to the Department within 30 days of a written request.

(m) Enforcement: A manufacturer of an outdoor hydronic heater shall comply 

with all applicable regulations, and state and local laws, including but not 

limited to local bylaws, regulations and ordinances. Sections 310 CMR 
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7.26(54)(i),(j), (k), and (l) are subject to the enforcement provisions 

specified at 310 CMR 7.52.