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HPBA's Oral Arguments
in U.S. Court of Appeals
WASHINGTON, D.C.
 The Hearth, Patio & Barbecue Association (HPBA) has presented its oral arguments to the U.S. Court of Appeals for the D.C. Circuit on the Department of Energy's (DOE) regulation of decorative vented gas fireplaces. HPBA was well represented by Barton Day, of the law firm Polsinelli & Shughart, who has worked tirelessly since 2010 on the issue. Barton eloquently laid out why decorative gas hearth products are unlawfully classified as a covered product in DOE's Final Rule in April 2010, and illegally regulated in that rule and the subsequent rule, issued in November 2011.
The argument - scheduled for approximately 30 minutes - lasted approximately one hour and 20 minutes due to extensive questioning from the panel of three judges. The three judges listened and questioned Barton on how decorative hearth products are different from heater-rated products, how DOE circumvented the statutory process and how DOE has no authority to impose design requirements, such as a ban on standing pilot lights.
The judges also questioned the Department of Justice lawyer representing DOE extensively, and appeared skeptical of DOE's claim that it is not regulating decorative fireplaces but only "distinguishing" them from heater-rated fireplaces. DOE's lawyer was also questioned on whether the department had the authority to regulate these products under the Energy Policy and Conservation Act. Although it is impossible to predict how a court will rule based on questioning during oral argument, the proceeding appeared to go well for HPBA.
The judges' decision will most likely be handed down at the end of this year or in early 2013.
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PatioGlo Outdoor Lighting Collection
LINN, MISSOURI
 Patio Living Concepts announces the debut of its PatioGlo Collection of outdoor lighting with contemporary weather-resistant wicker and performance fabric shade styles. Table and floor lamp models will be introduced within the collection with LED lighting and remote control operation to create outdoor ambient lighting.
"Outdoor lighting continues to grow in popularity with specialty, online and mass retailers looking to the category's potential for creating and expanding sales," said Douglas Orians, vice president sales and marketing. "With the PatioGlo Collection of unique and diverse lighting styles, Patio Living Concepts once again has creative options for all retailing categories."
Within the PatioGlo Collection, each unit features a resin base and light tube in table and floor models. The PatioGlo lights are crafted to accommodate multiple covers. The woven wicker styles offer reed-like open contemporary cover designs.
Fabric cover options also are available tailored to easily fit the lighting tube and create a filtered light effect. Multiple fabric options are available and can be removed for easy cleaning as well as décor changes. Each lamp is completely weatherproof and has unbreakable UV-protected polyethylene waterproof light bulb enclosures.
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Maryland Announces
Wood & Pellet Stove Rebate Program
ANNAPOLIS, MARYLAND
The Maryland Energy Administration (MEA) launched a pilot rebate program for some of the cleanest wood and pellet stoves available, marking the first time that a state has integrated wood and pellet stoves into a renewable energy rebate program.
The pilot program offers a $400 rebate for wood stoves and $600 for pellet stoves. Wood stoves must emit less than half the particulates that are allowed by the EPA to be eligible.
 "We are thrilled that Governor O'Malley and Malcolm Wolff, the director of the Maryland Energy Administration, extended the renewable energy grant program to appliances that low and middle-income families can afford," said John Ackerly, president of the Alliance for Green Heat.
The Maryland program is designed help families who do not have access to relatively cheap natural gas. The rebates are only offered to homes that heat with the most expensive fuels - oil, propane or electricity - and who are typically in less affluent, rural areas.
Delegate Heather Mizeur, who first introduced a bill in the Maryland House of Delegates to establish such a program last year, said, "Modern wood and pellet stoves offer rural families a way to participate in our clean energy future. For most Marylanders, especially those already coping with high heating and electricity costs, purchasing solar panels is out of the question."
Full details of the program and the application can be found at the website. Wood stoves that are EPA certified and emit no more than three grams of particulates an hour, and pellet stoves that emit no more than two grams an hour, are eligible to receive a grant. Program funds are limited to $50,000 and available on a first-come, first-served basis.
The original bill was introduced in the Maryland legislature in 2011, and drafted with assistance of the Alliance for Green Heat. The legislature did not approve the bill because of the cost involved but it had broad support and the only voices against it came from the oil and propane dealer associations. Despite the legislature's inaction, the MEA, working together with Delegate Heather Mizeur and other legislators, decided to implement it with their existing budget.
The Alliance for Green Heat promotes wood and pellet heat as a low-carbon, sustainable and affordable energy solution. The Alliance works toward cleaner and more efficient wood heating appliances, particularly for low- and middle-income families.
Visit the Green Heat Alliance website. |
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New Entry Level Education
for Pool & Spa Industry
COLORADO SPRINGS, COLORADO
 Two new online courses, Pool & Spa Basics and Water Chemistry Basics, from the non-profit National Swimming Pool Foundation are designed to quickly get retail, builder, distributor and manufacturer employees up to speed on the basics of pool and spa operation and water chemistry. The courses will help people gain the basic knowledge required to effectively perform their job and serve their customers.
Industry members who are seeking a higher level of learning will consider taking the organization's Pool Operator Primer online course, or the prestigious Certified Pool/Spa Operator (CPO) Certification program. "With the introduction of the Basics courses, the Foundation now provides pool and spa training options that meet the needs of everyone," said Alex Antoniou, Ph.D., director of Education at the National Swimming Pool Foundation. Details on training options may be accessed at the website. "We developed the learning to meet the needs of these individuals and those new to the industry, who understand that customers expect to find well-informed people on staff, yet many companies have limited resources to provide employees the knowledge and tools to get there," said Antoniou.
Pool & Spa Basics teaches the fundamental knowledge, techniques and skills of pool and spa operation, filtration and circulation. Participants will learn about different types of pools and spas, materials and construction. Teaching includes topics such as reducing risk around and in the water, safe chemical handling and storage, importance of recordkeeping, identifying causes of water loss, types of energy loss, and designing for air circulation.
Water Chemistry Basics teaches the fundamentals of water chemistry, water testing and chemical dosing. Students will learn about water balance, proper disinfectants, calculations for breakpoint chlorination, how to handle fecal-related contamination and other recreational water illnesses.
Since the courses are online, they are self-paced and students can complete them at their convenience in more than one sitting. As with all NSPF online courses, the training is dynamic, making learning easier. Each course contains narration, video, images, quizzes and other interactive learning tools to engage the participant.
The cost is just $40 per student for each course, and includes access to the online training for six months once purchased. People can register for the Pool & Spa Basics and Water Chemistry Basics online training courses at the website. and click on aquatic training courses, or by emailing customer.service@nspf.org or by calling 719-540-9119.
 The NSPF Pool & Spa Operator Handbook may be ordered at a discounted price of $50 with the purchase of either course. Or a package of all three can be purchased for $130. The Handbook is considered to be the most important recreational manual written in the past 18 years and can be used as a study guide and resource manual for future reference.
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