Outdoor Furnances
Richard K. Konkel
In recent years, outdoor wood burning furnaces have been introduced as an alternate method of heating a residence with wood. One particular manufacturer of these furnaces is Outdoor Wood Furnace Distributors of Floyd, Virginia. They explain their product in the following manner: “The furnace sits away from the house. We recommend a minimum of 50 feet from your house for safety as well as keeping any smoke away in case the wind turns. The best place is right beside your wood pile. The furnace has a water jacket which surrounds the firebox and this water is piped to the house underground through insulated pipes. Inside this insulated pipe goes the supply and returned water lines.”
For some homeowners these outdoor furnaces are an easy and economical way of heating their home with wood. However, even the manufacturer’s own literature indicates that they may present problems for the homeowner. The furnaces must be situated a safe distance from other structures. Due to being located on the ground, smoke from the combustion of the wood can become a nuisance to the surrounding area.
Due to these problems with outdoor wood burning furnaces, a number of municipalities have outlawed their use. A nuisance ordinance from the Village of Canton, New York sites that, “It is generally recognized that the types of fuel used, and the scale and duration of burning by outdoor wood burning furnaces, creates noxious and hazardous smoke, soot, fumes, odors, and air pollution, can be detrimental to citizen’s health, and can deprive neighboring residents of the enjoyment of their property and/or premises.” Ordinances have been enacted by such municipalities as the village of Canton, New York; the town of Queensberry, New York; the town of Brownville, New York; the City of Gillett, Wisconsin; and, closer to home, the Borough of Bedford, Pennsylvania. These ordinances contain a strict prohibition of these devices within these communities.
It should be noted that in most of the communities where outdoor furnaces have been prohibited, homes are located within close proximity of one another so that the recommended 50 feet away from structures is not feasible and any operation of these furnaces will result in noxious smoke and fumes coming onto either the owner’s property or that of their neighbors.
A number of these outdoor wood burning furnaces have been installed in properties in York County and surrounding areas. When they are properly installed in more rural areas, they can probably be operated without being a nuisance to neighboring properties. This, however, is almost certainly not the case in more densely populated areas where homes are closely situated together. In more rural areas their use may not pose any problems. However, an ordinance regulating their use may be very advisable in more densely populated areas.
Some items to be considered in regulating these furnaces are:
1. They should be installed and operated in a manner that complies with the manufacturer’s specifications.
2. They should not be used to burn rubbage, garbage, treated or painted wood, plastic, rubber, or any material not recommended for burning by the manufacturer of the outdoor furnace.
3. They should be used in a manner so as to ensure that smoke, fumes, or odors are not dispensed to other properties or public streets.
4. They should not be moved without approval from the local governmental authority unless it is being permanently removed from the jurisdiction.
5. They should be cleaned and maintained to be sure that it is in proper operating condition. In the event that the device is damaged more than 50%, or is physically deteriorated or decayed, it must be torn down or removed from the property.
6. Ashes and waste should be disposed of promptly and should not be permitted to accumulate on the property.
7. The municipality may require a permit for the operation of said outdoor furnace.
The Bedford ordinance prohibiting said furnaces provides for a fine of $1,000 or imprisonment for a term not to exceed 90 days for violation of their ordinance. Every day an outdoor furnace is operated in violation of the ordinance is considered a separate offense. Penalties under such an ordinance could quickly become substantial.
Because of the impact that outdoor wood burning furnaces may have in a community, it is advisable that municipalities consider what impact their use and installation may have on the local community and whether or not the local municipality wishes to prohibit or regulate their installation and use.
For more information on this issue please contact CGA Law Firm Municipal Law Group for assistance or your solicitor.
