Add Art 19 Title 13 SS19-1301 - 19-1305, S71-2114, En Con L
Relates to regulating outdoor wood-burning devices; establishes outdoor wood-burning devices shall be operated only between September thirtieth through May first; establishes that outdoor wood-burning devices shall not be operated within seven hundred feet of certain locations; establishes that outdoor wood-burning devices shall not be installed or operated within two hundred feet of certain residences.
STATE OF NEW YORK
________________________________________________________________________
839
2009-2010 Regular Sessions
IN SENATE
January 18, 2009
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Environmental Conser-
vation
AN ACT to amend the environmental conservation law, in relation to regu-
lating outdoor wood-burning devices in New York state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and declarations. An outdoor wood-
2 burning device is a wood-fired device located outside the primary resi-
3 dential or commercial dwelling it serves, designed to transfer heat, via
4 liquid, through the burning of wood to heat indoor spaces, swimming
5 pools, hot tubs or other hot water uses. Unlike woodstoves, outdoor
6 wood-burning devices are currently unregulated by New York state or the
7 United States Environmental Protection Agency. Due to their design,
8 outdoor wood-burning devices produce excessive smoke, which may have
9 serious environmental and health impacts for surrounding neighbors.
10 Smoke from outdoor wood-burning devices contains unhealthy amounts of
11 particulate matter, dioxins, carbon monoxide, nitrogen dioxide, sulfur
12 dioxide, hydrochloric acid, formaldehyde and other toxic air pollutants.
13 Exposure to smoke from outdoor wood-burning devices can cause adverse
14 respiratory and cardiovascular symptoms, asthmatic sensitivity, lung
15 illnesses and cancer. Studies show that children, the elderly and indi-
16 viduals with pre-existing cardio-respiratory disease or diabetes are at
17 greater risk than the general population of developing these symptoms.
18 While outdoor wood-burning devices are intended to burn only natural
19 wood, homeowners sometimes add inappropriate materials such as yard
20 waste, packing materials, construction debris and even household
21 garbage. Burning these waste materials in an outdoor wood-burning device
22 can produce additional toxic air pollutants. Even when used in accord-
23 ance with manufacturer's recommendations, these devices frequently cause
24 nuisance conditions. Therefore, the purpose of this act is to ensure the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03011-01-9
S. 839 2
1 proper siting, operation and performance of outdoor wood-burning devices
2 in order to protect public health and the environment.
3 § 2. Article 19 of the environmental conservation law is amended by
4 adding a new title 13 to read as follows:
5 TITLE 13
6 OUTDOOR WOOD-BURNING DEVICES
7 Section 19-1301. Definitions.
8 19-1303. Outdoor wood-burning devices requirements.
9 19-1305. Regulations.
10 § 19-1301. Definitions.
11 As used in this title:
12 1. "Outdoor wood-burning device" shall mean a device located outside a
13 residential or commercial building it serves, designed to transfer heat,
14 via liquid, through the burning of wood to heat indoor spaces, swimming
15 pools, hot tubs or other hot water uses. Outdoor wood-burning devices do
16 not include fire pits or wood-fired barbecues.
17 2. "Natural wood" shall mean trees including logs, boles, trunks,
18 branches, limbs, and stumps.
19 3. "Residence" shall mean a building or structure which is a primary
20 or secondary home of one or more persons.
21 4. "Municipality" shall mean a village, town, city or county or any
22 designated agency thereof.
23 5. "Farm woodland" shall mean land used for the production for sale of
24 woodland products including but not limited to logs, lumber, posts and
25 firewood.
26 6. "Land used in agricultural production" shall mean not less than
27 seven acres of land used as a single operation for the production for
28 sale of crops, livestock or livestock products of an average gross sales
29 value of ten thousand dollars or more.
30 § 19-1303. Outdoor wood-burning devices requirements.
31 1. No person shall construct, install, modify, operate or use an
32 outdoor wood-burning device, unless such device complies with the
33 following:
34 (a) Outdoor wood-burning devices shall not be operated between May
35 first and September thirtieth; provided, however, outdoor wood-burning
36 devices operated on land used in agricultural production or farm wood-
37 land shall be exempt from this subdivision;
38 (b) An outdoor wood-burning device shall not be installed or operated
39 within seven hundred feet from the occupied building of a hospital,
40 school, daycare center or nursing home or from the boundary of a munici-
41 pal park or recreational facility;
42 (c) An outdoor wood-burning device shall not be installed or operated
43 within two hundred feet from the nearest residence not served by an
44 outdoor wood-burning device;
45 (d) Only natural wood including, but not limited to, wood that has not
46 been painted, stained, chemically treated, laminated or glued may be
47 burned in an outdoor wood-burning device;
48 (e) The installation of a chimney of an outdoor wood-burning device
49 must be in accordance with applicable building ordinances;
50 (f) The installation and operation of an outdoor wood-burning device
51 must be in accordance with the manufacturer's written instructions and
52 in compliance with local ordinances;
53 (g) Dealers and sellers of outdoor wood-burning devices are required
54 to provide buyers a written notice stating that only natural wood that
55 has not been painted, stained, chemically treated, laminated or glued
S. 839 3
1 may be burned and household or other waste must not be burned in the
2 device; and
3 (h) Devices that comply with the standards for particulate matter
4 emissions promulgated pursuant to section 19-1305 of this title shall be
5 exempt from the siting requirements set forth in paragraphs (a), (b) and
6 (c) of this subdivision.
7 2. The commissioner shall establish and publish, in consultation with
8 the commissioner of health, educational materials explaining the health
9 and environmental hazards of outdoor wood-burning devices.
10 3. The provisions set forth in subdivision one of this section shall
11 not prevent any municipality enacting a local law or ordinance from
12 banning or regulating outdoor wood-burning devices for residential,
13 commercial or industrial use provided, however, that such local law or
14 ordinance is no less stringent than the provisions of this title.
15 § 19-1305. Regulations.
16 1. On or before January first, two thousand ten, the department shall
17 promulgate test methods for the measurement of particulate matter in
18 order to determine compliance with emissions standards. By April first,
19 two thousand ten, the commissioner, in consultation with the commission-
20 er of health, shall also promulgate standards for particulate matter
21 emissions necessary to ensure protection of public health and the envi-
22 ronment. These standards shall be no less stringent than the federal
23 particulate matter standard applicable to indoor wood stoves, found at
24 40 C.F.R. §60.530 through 40 C.F.R. §60.539b, as amended. Unless the
25 department promulgates such standards by April first, two thousand ten,
26 the federal woodstove standard is hereby incorporated into this title
27 and shall be applicable to all outdoor wood-burning devices sold or
28 operated in the state.
29 2. No person shall sell, install or operate an outdoor wood-burning
30 device on or after June first, two thousand eleven unless such device
31 meets the requirements of this section. Provided, however, that outdoor
32 wood-burning devices that are installed and in use on or before the
33 effective date of this section shall not be subject to the requirements
34 of this section until June first, two thousand twelve.
35 § 3. The environmental conservation law is amended by adding a new
36 section 71-2114 to read as follows:
37 § 71-2114. Violations of title 13 of article 19 of this chapter.
38 1. Any person operating an outdoor wood-burning device in violation of
39 section 19-1303 of this chapter shall be issued a warning for the first
40 offense and shall be provided with educational material produced pursu-
41 ant to subdivision two of section 19-1303 of this chapter and be warned
42 that future violations shall result in civil penalties. Any person
43 convicted of a second violation of the provisions of section 19-1303 of
44 this chapter shall be punished by a civil penalty of up to seventy-five
45 dollars. Any person convicted of a third or subsequent violation of the
46 provisions of section 19-1303 of this chapter shall be punished by a
47 civil penalty of not less than one hundred dollars nor more than two
48 hundred fifty dollars.
49 2. Any person who sells an outdoor wood-burning device within the
50 state in violation of title 13 of article 19 of this chapter shall be
51 subject to a civil penalty of up to one hundred dollars. Subsequent
52 offenses are subject to a civil penalty of not less than two hundred
53 fifty dollars.
54 § 4. This act shall take effect immediately.
