Section 326IAC4-3-1. Applicability

   (a) Except as provided in subsection (b), this rule applies to any manufacturer, supplier, distributor, or person that:

(1) distributes or sells;

(2) markets;

(3) installs;

(4) operates; or

(5) owns;

an outdoor hydronic heater in Indiana.

  (b) Sections 3 and 6 of this rule do not apply to the following:

(1) An outdoor hydronic heater that:

(A) is or has been owned by a person for his or her own personal use; and

(B) is distributed or sold within three (3) years of the effective date of this rule to another for his or her own personal use.

For purposes of this subdivision, "personal use" means the use of an outdoor hydronic heater by an individual solely for residential space or domestic water heating, and not to service a commercial or institutional establishment.

(2) An outdoor hydronic heater available for sale in an Indiana dealer's inventory before the effective date of this rule.

(3) Homemade units.

(4) An outdoor hydronic heater where the manufacturer has demonstrated that the unit is designed for a thermal output of three hundred fifty thousand (350,000) British thermal units per hour (Btu/hr) or more.

(Air Pollution Control Division; 326 IAC 4-3-1; filed Apr 18, 2011, 11:27 a.m.: 20110518-IR-326050332FRA)