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Outdoor Furnaces: For and Against

ACCORD � This week, Rochester's Town Board passed Local Law 102, which regulates the use of outdoor furnaces. The law � which requires a permit to operate this type of furnace and regulates emissions and stack height � is being welcomed by some residents who have complained about odors, and criticized by others as too much regulation.


Concerns about wording addressed
The public hearing on the law was continued from last month so that the board could address some of the early concerns. Chris Kelder, who attended the first public hearing, had been concerned about requirements that furnaces be EPA certified. His own stove predates those regulations, and he was concerned that it would no longer be allowable under the new law. Among the changes made in the interim was language that makes it clear that the furnace must meet standards at the time of manufacture, rather than those in effect today.

The law also allows the building inspector to modify requirements on a case-by-case basis. This is "something not allowed often in law," explained Supervisor Carl Chipman, "a little bit of common sense." The inspector will, for example, be able to change the stack height requirements for a given furnace to ensure that a neighbor up a hill won't have an odor problem.

Resident Paul Cortright, an outspoken opponent of the law, was concerned that too much leeway isn't such a good thing; but board member Lynn Archer disagreed, saying that anyone having a problem with the building inspector could register a complaint. "That's why you have elected officials in the first place," said the supervisor.


State regulation or town law
Cortright's main concern is that the new town law is unnecessary, because the NY State Department of Environmental Conservation (DEC) is expected to hand down statewide rules after Election Day. "You can save us taxpayers the money for enforcement by using the state law," he said. Given that there have only been a handful of complaints, he feels that the town is jumping the gun.

"This law is preventative," said the supervisor, in contrast to the proposed DEC regulations. He explained that conditions are not the same throughout the state, and that this was a situation where a local law could do a better job than a blanket regulation.

Councilwoman Manuela Mihailescu also supports the idea of the town acting sooner than the state. "We cannot have a solution that says if they don't like it, they should move," she stated. Tavi Cilenti, the only board member to vote against the law, said that he's fed up with all the regulation. "We can't make a law every time someone says we should," he said. "We spoke out against over-regulation when we were elected," he explained when reached for comment.

Cilenti isn't the only elected official who feels that the Town Board is making a bad decision with the new law. Highway Superintendent Wayne Kelder told them, "You were elected to manage the town, not to control the people." People are tired of more laws, he went on, and cautioned the board not to assume that a lack of opposition at the public hearing should be taken as a show of support for the furnace law. "An awful lot of people are against it, people you didn't hear from," he said.


Issues of safety and economy
At the heart of the matter is the question of whether or not outdoor furnaces are safer, and cheaper to operate, than indoor ones. Supporters of the new law, which limits owners to burning untreated wood and manufacturer-approved fuels, believe that outdoor furnaces emit dangerous fumes. The owners of those furnaces point to the danger of chimney fires if wood is burned in the home, and say they prefer the security of keeping their homes heated from the outside.

Chris Kelder has a furnace at home and another at his business, Kelder Farms. He points out that piping 180 degree water into the house is much safer than having a fireplace or wood stove. Councilman Tavi Cilenti, who burns wood in his home, agreed with Kelder's sentiment, saying that "it's not if, it's when you're going to have a chimney fire."

The cost of heating by outdoor furnace is a contentious issue. Carol Fisher, whose neighbor uses one, believes that the additional cost to her isn't fair. She explained at the public hearing that she needs to use her air conditioner more in the summer because she needs to keep her windows closed against the smell. "I think wood stoves don't belong in a development," she said, claiming that oil is an affordable alternative for home heating.

Chris Kelder, who didn't make the continuation of the public hearing, is frustrated that outdoor furnaces are the only form of home heating that the town wants to regulate. "I hope the intent wasn't to limit the use of local fuels," he said.

It's about respect, according to Councilwoman Lynn Archer. "It's unfortunate that we have to put a law on the books for this," she said.

Tavi Cilenti claims that it's more about personalities, and that worries him. The law was drafted in response to a small number of complaints, and he feels that at the heart of it is a feud between neighbors. "What do we do the next time these people have a disagreement?" he asked.

Carol Fisher, whose one neighbor uses an outdoor furnace, claims that another neighbor's house "fills up with smoke" when the furnace is going. "I hope she doesn't have a heart attack over this," she said.

In a roll call vote, the Town Board approved the new law with Supervisor Chipman and members Archer and Mihailescu voting in support and member Cilenti opposing. Tony Spano was not present to vote on the matter. Owners of outdoor furnaces have ninety days to acquire the new permit.



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