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42.4.110    DEFINITIONS

The following definitions apply to terms used in this subchapter:

(1) "EPA" means the United States Environmental Protection Agency.

(2) "Low emission wood or biomass devise" means:

(a) a wood-burning appliance certified as meeting EPA standards of performance for new residential wood heaters in 40 C.F.R. 60.533;

(b) a wood-burning out-door hydronic heater that qualifies for the EPA's phase 2 white tag (meets the EPA's Phase 2 emission levels) under EPA test method 28 OWHH;

(c) a masonry heater constructed or installed in compliance with the requirements for masonry heaters in the International Residential Code of One- and Two-Family Dwellings; and

(d) an appliance that uses wood pellets as its primary source of fuel, regardless of the level of emissions.

(3) "Passive solar system" is defined in 15-32-203, MCA, and means a direct thermal energy system that uses the structure of the building and its operable components to provide heating or cooling during the appropriate times of the year by using the climate resources available at site.

(4) "Principal dwelling" means an individual's main home and excludes second homes, vacation or recreational property, and rentals.

(5) "Recognized nonfossil forms of energy generation" is defined in 15-32-102, MCA, and means:

(a) a system that captures energy for use or converts energy into usable sources using:

(i) solar energy (including a passive solar system);

(ii) wind;

(iii) solid waste;

(iv) decomposition of organic wastes;

(v) geothermal;

(vi) fuel cells that do not require hydrocarbon fuel;

(vii) a low emission wood or biomass device; and

(viii) small hydropower plants under one megawatt;

(b) a system that produces electric power from biomass or solid wood wastes; and

(c) a system that uses water power by means of an impoundment that is not over 20 acres in surface area.

(6) "Standard components of conventional structures" are those structures that are generally necessary for structural support, shelter, ventilation, temperature control, lighting, or maintenance of the occupant's regular life style.

History: 15-1-201, 15-32-203, MCA; IMP, 15-32-102, 15-32-115, 15-32-201, 15-32-202, MCA; NEW, 2002 MAR p. 1094, Eff. 4/12/02; AMD, 2002 MAR p. 3705, Eff. 12/27/02; AMD, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2010 MAR p. 1407, Eff. 6/11/10.

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