Towns tackle issue of outdoor wood-burning boilers
By Francesca Olsen Hudson-Catskill Newspapers
Published:
Friday, July 24, 2009 12:43 AM EDT
An informational outdoor wood boiler seminar Thursday night attempted to clear the air on some confusion about wood boilers, possible restrictions and real environmental dangers.
Because of an active debate in the village of Kinderhook over whether wood boilers should be restricted, banned or left alone, village Code Enforcement Officer Glenn Smith and the Columbia-Greene chapter of the New York State Building Officials Conference set up the informational meeting at the Academy for Christian Learning in the town of Kinderhook.
The room was packed before the start of the seminar, with local code enforcement officials, town supervisors and board members, and residents whose concerns ranged from what wood boiler smoke did to water and soil to what the state Department of Agriculture and Markets might have to say on the topic. The meeting was open to the public, but questions were limited to public officials.
About 80 municipalities in New York state have passed local legislation either restricting the use of wood boilers or banning them completely; most of these laws allow pre-existing wood boilers to keep burning, but limit their use seasonally.
Thick packets of reference information were available to the public, including a report from Attorney General Andrew M. Cuomo and the Environmental Protection Bureau. Samples and summaries of local laws from surrounding counties and municipalities were also distributed, including the full text of a town of Red Hook local law banning wood boilers.
Ronald Piester, director of the New York Department of State Division of Code Enforcement, gave a presentation for code enforcers on how to better approach the topic. Residential, mechanical and property codes can be confusing in wording. Piester mentioned the interchangeable use of the words “equipment” and “appliance”.
“Some individuals see that outdoor wood boiler as another stove that is somehow attached to an existing residence,” he said. This is not the case. Additionally, distance separation regulations do not apply to appliances or equipment.
“It’s not considered a stove, an accessory structure, or a building,” said Piester. Residential and mechanical codes have specific requirements for appliances. They must be listed and labeled for outdoor installation and must be built to a certified standard. “An outdoor wood boiler cannot simply be constructed by scrap metal,” Piester said.
A wood boiler also has to be installed according to the standard and guide of it’s manufacturer. Its against the code to cut corners.
Regulatory code does exist that restricts discharge of steam, smoke or particulate waste onto the property of another individual or tenant.
“What we know is we’ve got to clarify this particular section of the code,” Piester said, adding that the state Division of Code Enforcement is reviewing the language and trying to find a way to clarify the code. Appliance location is not addressed; the regulatory code mostly focuses on installation.
Piester said the most important documents regarding the installation and regulation of outdoor wood boilers are the manufacturer’s installation instructions at this point.
“We are working with the municipalities to try and give assistance to all of you,” said Piester.
A provision does exist that allows municipalities to adopt a code that is more restrictive than the state’s current documentation, but it must be reviewed by the state Code Council. Another way to enact change in a small community is to change zoning standards, which are not subject to Code Council review.
Piester encouraged local code enforcement officials to make proposals to amend the state code as well. “That is an avenue that’s open to anyone,” he said, adding that to date, over 2,700 changes have been submitted for the national building code.
For more information, visit the Columbia-Greene chapter of the New York State Building Officials Conference at http://nysboc.webs.com/.