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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
Outdoor Wood Fired Boilers - A New Smoking Nuisance?
Stuart Lieberman, Esq.,

I have written about fireplaces and wood burning stoves before. The problem is that they generate particulates which really bother some people. Some are made sick by these devices.

Now we have something else to consider: outdoor wood fired boilers. Gaining in popularity, these boilers are placed in small sheds with six to ten foot chimneys. The wood boils water which is then pumped into an adjacent house for heating purposes.

A lot have been sold recently, as energy costs have risen. And people are starting to report feedback.

First there are reports that these boilers need a lot of wood. Before you make the investment, try to make an honest assessment of how much wood will be required.

If you can harvest your own wood in an environmentally friendly way - that should not be a problem. But if you are buying the wood you need that information.

Second, the units may not be as efficient as manufacturers urge. Talk to people that have these units and find out what their experiences have been. It may be that a lot of heat is lost up the chimney.

And finally there is the smoke issue. These units smoke. And it may not be the often harmless white smoke, but rather the more noxious blue smoke.

Smoking may not just bother your family. It may also bother people downwind - especially if they are close by.

We have already heard of many similar complaints regarding fireplaces and wood burning stoves. These boilers may suffer from the same problem.

One New Jersey town has considered a local law requiring a minimum distance between an outdoor boiler and neighboring property. This is due to the the smoking issue.

Please be aware of the smoke concerns. Wood burning can contain small particles that sometimes make people become sick. This has been the experience with wood burning stoves.

Certain people are more sensitive to this than others. Which means that any outdoor burning can cause misery to a neighbor if there is not enough separation between the burning and the adjoining property.

Since many health departments refuse to get involved, and many local ordinances are poorly drafted, smoke victims often have to hire lawyers and go to court - just to safeguard their health. And this gets really ugly, really quickly.

The victim is suffering and wants the burning to stop. The burner is apparently not breaking any law and just spent a lot of money on the boiler. Which means he or she likely will not stop absent a court order. It's a real mess.

In conclusion, an outdoor burner may make a lot of sense for you and your family. But make sure that you understand their limitations before purchasing.

And make sure that using these boilers will not hurt you, your family or an innocent neighbor. There is no reason to inflict harm upon others.

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The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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