Connecticut Seal

General Assembly

Amendment

 

January Session, 2013

LCO No. 7112

   
 

*SB0113407112SDO*

Offered by:

 

SEN. MEYER, 12th Dist.

SEN. CHAPIN, 30th Dist.

 

To: Subst. Senate Bill No. 1134

File No. 496

Cal. No. 366

"AN ACT CONCERNING OUTDOOR WOOD-BURNING FURNACES. "

Strike everything after the enacting clause and substitute the following in lieu thereof:

Section 1. Section 22a-174k of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):

(a) For purposes of this section: [,] (1) "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 (2) "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 or any unit permitted pursuant to section 22a-174 or any regulation adopted pursuant to said section.

(b) [No] (1) On and after January 1, 2014, 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 subparagraphs (A) and (B) of subdivision (1) of this subsection until October 1, 2018.

(3) On and after October 1, 2018, any owner or operator who met the requirements of subdivision (2) of this section shall comply with the requirements of subparagraphs (A) and (B) of subdivision (1) of this subsection. The Commissioner of Energy and Environmental Protection may extend such compliance date for not more than three years upon a showing of economic or other hardship by such owner or operator, provided no adjacent property owner will be adversely impacted by the continued operation of such outdoor wood-burning furnace.

(4) On and after October 1, 2018, any owner or operator who met the requirements of subdivision (2) of this section shall not own or operate a wood-burning furnace unless such furnace is a Phase 2 qualified model under the Hydronic Heater Program of the United States Environmental Protection Agency. The Commissioner of Energy and Environmental Protection may extend such compliance date for not more than three years upon a showing of economic or other hardship of such owner or operator, provided no adjacent property owner will be adversely affected by the continued operation of such outdoor wood-burning furnace.

[(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. ]

(c) On and after January 1, 2014, no person shall give, sell or offer for sale any outdoor wood-burning furnace unless such furnace is a Phase 2 qualified model under the Hydronic Heather Program of the United States Environmental Protection Agency.

(d) The Commissioner of Energy and Environmental Protection may order the owner or operator of any outdoor wood-burning furnace to remove, render permanently inoperable or discontinue the use of any furnace that does not comply with the requirements of subsection (b) or (c) of this section.

[(d)] (e) 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:

Section 1

January 1, 2014

22a-174k