Relates to regulating outdoor wood-burning devices

Section 19-1303 of Title 11 provides the following outdoor wood-burning device requirements. No person shall construct, install, modify, operate or use an outdoor wood-burning device, unless such device complies with the following:

(1) Outdoor wood-burning devices shall only be operated between May 1st through September 30th; provided, however, outdoor wood-burning devices operated on land used in agricultural production or farm woodland shall be exempt from this subdivision;

(2) An outdoor wood-burning device shall not be operated within seven hundred feet from the occupied building of a hospital, school, daycare center or nursing home or from the boundary of a municipal park or recreational facility;

(3) An outdoor wood-burning device shall not be installed or operated within two hundred feet from the nearest residence not served by an outdoor wood-burning device;

(4) Only natural wood, including, but not limited to, wood that has not been painted, stained, chemically treated, laminated or glued may be burned in an outdoor wood-burning device;

(5) The installation of a chimney of an outdoor wood-burning device must be in accordance with applicable building ordinances and codes;

(6) The installation and operation of an outdoor wood-burning device must be in accordance with the manufacturer's written instructions and in compliance with local ordinances;

(7) Dealers and sellers of outdoor wood-burning devices are required to provide buyers with a written notice stating that only natural wood that has not been painted, stained, chemically treated, laminated or glued may be burned and household or other waste must not be burned in the device; and

(8) Devices that comply with the regulations promulgated pursuant to section 19-1109 of this title shall be exempt from the siting requirements set forth in subdivisions two and three of this section.

(9) The provisions set forth in subdivisions one through eight of this section shall not prevent any municipality enacting a local law or ordinance from banning or regulating outdoor wood-burning devices standard for residential, commercial, or industrial use provided, however, that such local law or ordinance is no less stringent than the provisions of this title.

On or before January 1, 2010, the Commissioner of Environmental Conservation shall promulgate testing methods for the measurement of particular matter in order to determine compliance with emission standards. By April 1, 2010, the Department, in consultation with the Commissioner of Health, shall also promulgate emissions standards for particulate matter necessary to ensure the protection of public health and the environment. If the Department does not promulgate standards for outdoor wood-burning devices by April 1, 2010 then the federal wood stove standard would take effect until the Department develops alternative emission standards that are no less stringent than the federal particular matter emission standard for indoor wood stoves.

Any person who sells or operates an outdoor wood-burning device in violation of this section is subject to a warning and educational materials for the first offense. A second violation shall be punished by a civil penalty of up to seventy-five dollars; any subsequent violation shall be punished by a civil penalty of not less than one hundred dollars nor more than tow hundred fifty dollars. The Commissioner of Environmental Conservation shall enforce these provisions. By June 1, 2011, no outdoor wood-burning devices shall be sold, installed or operated unless they meet emission standards promulgated by the Department. However, outdoor wood-burning devices installed and in use on or before the effective date of this act shall not be subject to such air emission standards until June 1, 2012.

All provisions of this act will take effect immediately.

Justification

Unlike wood stoves, outdoor wood-burning devices are currently unregulated by New York State or the United States Environmental Protection Agency. Due to their design, outdoor wood-burning devices produce excessive smoke, which may have serious environmental and health impacts for surrounding neighbors. Smoke from an outdoor wood-burning device often contains unhealthy amounts of particulate matter, dioxins, carbon monoxide, nitrogen dioxide, sulfur dioxide, hydrochloric acid, formaldehyde and other toxic air pollutants. Exposure to smoke from an outdoor wood-burning device can cause adverse respiratory and cardiovascular symptoms, asthmatic sensitivity, lung illnesses and cancer. Studies show that children, the elderly and individuals with preexisting cardio-respiratory diseases or diabetes are at greater risk than the general population of developing these symptoms. While outdoor wood-burning devices are intended to burn only natural wood, homeowners sometimes add inappropriate materials such as yard waste, packing materials, construction debris and even household garbage. Burning these waste materials in an outdoor wood-burning device can produce additional toxic air pollutants. Even when used in accordance with manufacturer's recommendations, these devices frequently cause nuisance conditions. Therefore, the purpose of this act is to ensure the proper siting, operation and performance of outdoor wood-burning devices in order to protect public health and the environment.

Since 1988, the United States Environmental Protection Agency has implemented regulations that govern the manufacture and sale of wood stoves. The United States Environmental Protection Agency mandatory particulate matter emission limit for wood stoves is 7.5 grams of particulate matter per hour (g/h) for non-catalytic stoves, and 4.1 g/h for catalytic stoves. Today, all new wood stoves, sold in the United States must meet these limits. Several states have proposed developing regulations for outdoor wood-burning devices. In New York State, at least twelve municipalities either have restricted or banned the use of outdoor wood-burning devices.

Legislative history

2007-08: S.3833 2006: S.7401-B

Fiscal implications

None identified.

Effective date

This act shall take effect immediately.