TITLE X
PUBLIC HEALTH
Chapter 125-R
OUTDOOR WOOD-FIRED HYDRONIC HEATERS
Section 125-R:1
125-R:1 Definitions. –
In this chapter:
I. "Certified outdoor wood-fired hydronic heater" or "certified OWHH" means a residential OWHH certified by the United States Environmental Protection Agency to meet the emissions standards codified in 40 C.F.R. part 60, subpart QQQQ and labeled accordingly, or a commercial high-efficiency, low-emission OWHH qualified by the New York State Energy Research and Development Authority.
II. "Clean wood" means wood that has not been painted, stained, coated, preserved, or treated with chemicals such as copper chromium arsenate, creosote, or pentachlorophenol. The term does not include construction and demolition debris as defined in RSA 149-M:4, IV-a.
III. "Commissioner" means the commissioner of the department of environmental services.
IV. "EPA" means the United States Environmental Protection Agency.
V. "Municipality" means cities, towns, and counties in which there are located unincorporated towns or organized places. Municipality shall not mean village districts.
VI. "Outdoor wood-fired hydronic heater" (OWHH) or "outdoor wood boiler" means a fuel burning device:
(a) Designed to burn wood or other solid fuels;
(b) That the manufacturer requires to be installed outdoors or in structures not normally occupied by humans, including structures such as garages and sheds; and
(c) Which heats building space and water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.
VII. "Person" means any individual, partnership, firm or copartnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties.
VIII. "Phase I OWHH" means an OWHH that has been qualified by the EPA as meeting a particulate matter emission limit of 0.6 pounds per million British Thermal Units input and is labeled accordingly.
IX. "Phase II OWHH" means an OWHH that has been qualified by the EPA as meeting a particulate matter emission limit of 0.32 pounds per million British Thermal Units output and is labeled accordingly.
Source. 2008, 362:2, eff. Aug. 10, 2008. 2017, 60:1, eff. July 1, 2017.
Section 125-R:2
125-R:2 Unit Requirements. –
No person shall buy, sell, offer for sale, distribute for sale, or install an OWHH that is not a certified OWHH. All OWHHs that were in operation as of the effective date of this section may continue to operate in compliance with the requirements of RSA 125-R:3, so long as they are not reinstalled at a new location.
Source. 2008, 362:2, eff. Aug. 10, 2008. 2017, 60:2, eff. July 1, 2017.
Section 125-R:3
125-R:3 Setback and Stack Height Requirements. –
I. No person shall install or operate a Phase I OWHH unless it is installed at least 100 feet from the nearest property line and has a permanent attached stack that is at least 2 feet higher than the peak of the roof of a residence or place of business not served by the OWHH if that residence or place of business is located within 300 feet of the OWHH.
II. No person shall install or operate a Phase II OWHH or a certified OWHH unless it is at least 50 feet from the nearest property line.
III. No person shall install or operate an OWHH that is not a certified OWHH, a Phase I OWHH, or a Phase II OWHH unless it is located at least 200 feet from the nearest abutting residence and has a permanent attached stack that is at least 2 feet higher than the peak of the roof of a residence or place of business not served by the OWHH if that residence or place of business is located within 300 feet of the OWHH.
IV. This section shall not apply to any OWHH installed prior to August 10, 2008, so long as it is not reinstalled at a new location.
Source. 2008, 362:2, eff. Aug. 10, 2008. 2017, 60:3, eff. July 1, 2017.
Section 125-R:4
125-R:4 Permitted Fuels. –
Any person that owns or operates an OWHH shall not use a fuel other than the following:
I. Clean wood;
II. Wood pellets made from clean wood;
III. Home heating oil, natural gas, or propane that complies with all applicable sulfur limits and is used as a starter or supplemental fuel for dual-fired OWHHs; or
IV. Other fuels as approved by the commissioner through rules adopted pursuant to RSA 541-A.
Source. 2008, 362:2, eff. Aug. 10, 2008.
Section 125-R:5
125-R:5 Exemption. –
I. An OWHH that is specifically designed to burn wood pellet fuel with metered fuel and air feed and controlled combustion engineering, which is operated according to manufacturers' specifications and burns only wood pellet fuel shall be exempt from this chapter.
II. An OWHH whose design gross heat input equals or exceeds 2 million BTU/HR shall be exempt from this chapter and shall be subject to permitting requirements under RSA 125-C:11.
Source. 2008, 362:2, eff. Aug. 10, 2008. 2017, 60:4, eff. July 1, 2017.
Section 125-R:6
125-R:6 Enforcement. –
I. The commissioner shall enforce the provisions of this chapter. Any person who violates any provision of this chapter or any rule adopted under this chapter shall be guilty of a violation and may be assessed by the commissioner, after notice and hearing, an administrative fine for the first offense not to exceed $250 and for each subsequent offense not to exceed $500. All fine proceeds shall be deposited in the general fund.
II. Whenever the commissioner finds a person has violated any of the provisions of this chapter or rule established under this chapter, the commissioner may issue an order of abatement establishing a compliance schedule with which the person shall comply. Any order of abatement shall become final and enforceable by the commissioner within 30 days of its issuance unless an appeal is filed with the air resources council before the expiration of said 30-day period. The council shall hold a hearing on any such appeal promptly, and shall thereafter issue a decision upholding, modifying, or abrogating the commissioner's order of abatement or any part thereof. The council's decision shall become final 10 days after it is issued.
Source. 2008, 362:2, eff. Aug. 10, 2008.
Section 125-R:7
125-R:7 Municipal Authority. –
Nothing in this chapter shall be construed to limit the authority of a municipality or the department of health and human services to prevent and remove nuisances and protect public health in accordance with RSA 147, or of a municipality to adopt and enforce land use ordinances and regulations pursuant to RSA 674 and 675 relative to OWHHs, including but not limited to provisions relative to setbacks and stack heights that are more restrictive than RSA 125-R:3, prohibiting the installation of OWHHs in one or more zoning districts, or requiring in one or more zoning districts the installation of lower emitting versions of OWHHs that have been certified or qualified under this chapter. A municipality shall not establish quantifiable emission limits, require testing, monitoring, or certification, or specify the types of fuels used. In exercising its authority under this section, a municipality shall not unreasonably limit the installation of or hinder the operation of OWHHs.
Source. 2008, 362:2, eff. Aug. 10, 2008.
Section 125-R:8
125-R:8 Notice to Buyers. –
I. Prior to the execution of a sale for an OWHH, the distributor/seller shall provide the prospective buyer with a copy of this chapter and a written notice which includes:
(a) An acknowledgment that the buyer was provided with a copy of this chapter;
(b) A list of approved fuel; and
(c) A statement that even if the requirements set forth in this chapter are met there may be ordinances imposed by the buyer's municipality or findings of adverse effects by the commissioner that will limit or prohibit the use of the purchased OWHH.
II. The notice shall be signed and dated by the buyer and the distributor/seller when the sale of the OWHH is completed. The name and address of the owner, name of the manufacturer, and model and date of manufacture of the OWHH shall be included in the completed notice.
III. A copy of the signed written notice required pursuant to paragraph I shall be kept on file by the distributor/seller for a period not less than 3 years from the date of sale and shall be made available upon request for copying and/or inspection to the commissioner, the municipal health officer in the municipality in which the purchased OWHH is installed, and the commissioner of the department of health or human services.
Source. 2008, 362:2, eff. Aug. 10, 2008. 2017, 60:5, eff. July 1, 2017.