General Assembly Substitute Bill No. 84
February Session, 2012 *_____SB00084ENV___031512____*
General Assembly
Substitute Bill No. 84
February Session, 2012
*_____SB00084ENV___031512____*
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 Section 22a-174k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) For purposes of this section, "outdoor wood-burning furnace" means an accessory structure or appliance 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 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 outdoor wood-burning furnace complies with the following:]
(b) No person shall 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 outdoor wood-burning furnace complies with the following:
(A) Installation of the outdoor wood-burning furnace is not less than two hundred feet from the nearest residence not serviced by the outdoor wood-burning furnace; and
(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; 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.]
(c) No person shall burn any material in an outdoor wood-burning furnace other than wood pellets or wood that has not been chemically treated.
(d) Installation and operation of an outdoor wood-burning furnace shall be in accordance with the manufacturer's written instructions, provided such instructions do not conflict with the provisions of this section.
(e) Nothing in this section shall prohibit the replacement or modification of any outdoor wood-burning furnace installed in accordance with the provisions of subsection (b) of this section, which results in a net reduction of particulate matter emissions.
(f) If an adjoining property owner affected by the use or operation of an outdoor wood-burning furnace files a written complaint with the Commissioner of Energy and Environmental Protection or the local health director and said commissioner or local health director determines that the use or operation of such outdoor wood-burning furnace violates chapter 446c or section 19-13-B2 of the Public Health Code, the owner or operator of such outdoor wood-burning furnace shall not operate or use the furnace between May first and September thirtieth, inclusive.
[(c)] (g) 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.
[(d)] (h) 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 October 1, 2012 22a-174k
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2012
22a-174k
Statement of Legislative Commissioners:
In section 1(c), "outdoor wood-burning furnace installed in accordance with the provisions of subsection (b) of this section," was substituted for "lawfully installed outdoor wood-burning furnace" for clarity, and section 1(f) was rephrased for clarity.
ENV Joint Favorable Subst.
ENV
Joint Favorable Subst.