You asked how the state regulates outdoor wood burning furnaces.

PA 05-227, codified as CGS § 22a-174k, (attached) bans the installation or operation of outdoor wood-burning furnaces that do not meet certain requirements. It makes operating such furnaces in violation of the law an infraction.

With a few exceptions, the law prohibits anyone from building, installing, establishing, modifying, operating, or using an outdoor wood-burning furnace until U. S. Environmental Protection Agency (EPA) regulations governing such furnaces take effect. Although several states have asked EPA to adopt such regulations, the federal agency has yet to act.

State law allows outdoor wood burning furnaces if they were either built, modified or in use before July 8, 2005; or they

1. are installed at least 200 feet from the nearest neighboring home;

2. have a chimney shorter than 55 feet tall but at least as tall as the roof peaks of neighboring homes within 500 feet of the furnace;

3. burn only wood that has not been chemically treated; and

4. are installed and operated according to the manufacturer's written instructions, provided the instructions comply with the law.

The law defines an outdoor wood-burning furnace as an accessory structure or appliance designed to (1) be located outside living space ordinarily used for human habitation and (2) transfer or provide heat, through liquid or other means, through the burning of wood or solid waste. Under the law, these furnaces heat (a) spaces other than where they are located; (b) any other structure or appliance on the premises; (c) domestic water; or (d) water used in a swimming pool, hot tub, or Jacuzzi. The law does not apply to fire pits, wood-fired barbecues, or decorative fireplaces (also called “chimineas”).

Anyone who operates a furnace in violation of the law commits an infraction, punishable by up to a $ 90 fine. Each day the furnace operates is considered a separate violation. The Department of Environmental Protection (DEP) commissioner or a town or city affected by a furnace's operation or potential operation can enforce the law.

We have attached DEP fact sheets that provide more specific information about installation and operation of these furnaces according to the law, and information about outdoor wood burning furnaces in general.

PF: tjo