Raised Bill No. 1134
January Session, 2013
LCO No. 4561
Referred to Committee on ENVIRONMENT
AN ACT CONCERNING OUTDOOR WOOD-BURNING FURNACES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 22a-174k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) For purposes of this section, "clean wood" means wood that does not contain a coating of any kind of paint or stain and that is not treated with any fire retardant, pesticide, preservative or any other chemical treatment. "Clean wood" includes any wood pellet that is authorized by law to be sold in the state; and "outdoor wood-burning furnace" means an accessory structure or appliance, including, but not limited to, any outdoor wood-burning boiler and any hydronic heater designed to be located outside living space ordinarily used for human habitation and designed to transfer or provide heat, via liquid or other means, through the burning of wood or solid waste, for heating spaces other than where such structure or appliance is located, any other structure or appliance on the premises, or for heating domestic, swimming pool, hot tub or jacuzzi water. "Outdoor wood-burning furnace" does not include a fire pit, wood-fired barbecue or chiminea.
(b) [No] (1) On and after October 1, 2013, no person shall [, from July 8, 2005, to the effective date of regulations promulgated by the United States Environmental Protection Agency to regulate outdoor wood-burning furnaces,] construct, install, establish, modify, operate or use an outdoor wood-burning furnace, unless [(1) the outdoor wood-burning furnace was constructed, installed, established, modified, operated or in use prior to July 8, 2005, or (2) the] such outdoor wood-burning furnace complies with the following:
(A) Installation of the outdoor wood-burning furnace [is] places the chimney of such furnace not less than two hundred feet from the nearest residence not serviced by the outdoor wood-burning furnace;
(B) Installation of the chimney of the outdoor wood-burning furnace is at a height that is more than the height of the roof peaks of the residences that are located within five hundred feet of the outdoor wood-burning furnace, which residences are not serviced by the outdoor wood-burning furnace, provided the chimney height is not more than fifty-five feet;
(C) No other materials are burned in the outdoor wood-burning furnace other than [wood that has not been chemically treated] clean wood; and
(D) Installation and operation of the outdoor wood-burning furnace is in accordance with the manufacturer's written instructions, provided such instructions do not conflict with the provisions of this section.
(2) Any owner or operator of an outdoor wood-burning furnace who provides evidence to the Commissioner of Energy and Environmental Protection that reasonably demonstrates that such outdoor wood-burning furnace was installed prior to July 8, 2005, shall not be subject to the requirements contained in subdivision (1) of this subsection.
(c) On and after October 1, 2013, no person shall sell or offer for sale any outdoor wood-burning furnace unless such furnace complies with the United States Environmental Agency's Voluntary Phase 2 Standards for outdoor wood-burning furnaces.
(d) The Commissioner of Energy and Environmental Protection, the Commissioner of Public Health, or a local director of public health may order the owner or operator of any outdoor wood-burning furnace to remove, render permanently inoperable or discontinue the sale of any furnace that does not comply with the requirements of subsection (b) or (c) of this section, as applicable.
(e) On or before October 1, 2014, the Commissioner of Agriculture, in conjunction with the Commissioner of Energy and Environmental Protection, shall conduct a survey to identify the number and location of outdoor wood-burning furnaces installed or operational in the state as of October 1, 2013. On or before October 1, 2014, the Commissioner of Energy and Environmental Protection shall report, in accordance with the provisions of section 11-4a, to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to the environment on the results of such survey.
[(c) The provisions of this section shall be enforced by the Commissioner of Energy and Environmental Protection and may be enforced by the municipality affected by the operation or potential operation of an outdoor wood-burning furnace.]
(f) Nothing in this section shall be construed to preclude the Commissioner of Public Health, or any local or regional health officer, from issuing any order to abate air pollution from an outdoor wood-burning furnace that said commissioner or health officer deems to be a nuisance.
[(d)] (g) Any person who operates an outdoor wood-burning furnace in violation of this section shall be deemed to have committed an infraction and shall be fined not more than ninety dollars. Each day of operation of such outdoor wood-burning furnace in violation of this section shall be a separate violation.
This act shall take effect as follows and shall amend the following sections:
October 1, 2013
Statement of Purpose:
To require the operation of outdoor wood-burning furnaces to meet certain requirements, to require such furnaces sold after October 1, 2014, to meet certain EPA standards and to clarify the enforcement authority concerning such requirements and standards.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]