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Introduced by   Representatives McAllister of Highgate, Adams of Hartland, Bartlett of Dover, Corcoran of Bennington, Donaghy of Poultney, Donahue of Northfield, Dunsmore of Georgia, Fisher of Lincoln, Hube of Londonderry, Krawczyk of Bennington, LaVoie of Swanton, Martin of Springfield, Molloy of Arlington, Pillsbury of Brattleboro, Turner of Milton and Winters of Williamstown

Referred to Committee on


Subject:  Conservation; air pollution control; outdoor wood boilers

Statement of purpose:  This bill proposes to authorize the use of wood‑fired boilers subject to the manufacturer’s instructions for proper operation.


It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  10 V.S.A. § 565a is added to read:


(a)  As used in this section, “outdoor wood-fired boiler” or “boiler” means a structure or appliance designed to burn wood by hand-firing that is located outside structures used for human habitation and that heats indoor spaces, other than where the structure or appliance is located, through the distribution by pipes of a fluid heated in the structure or appliance.

(b)  As of July 1, 2006, no person shall construct or install an outdoor wood-fired boiler unless the boiler:

(1)  Has an attached permanent stack extending no lower than the height recommended in the manufacturer’s written instructions for the wood-fired boiler;

(2)  Was installed, is operated, and burns fuel in accordance with the manufacturer’s written instructions, provided that such instructions do not conflict with the requirements of this section; and

(3)  Complies with all applicable laws, including but not limited to local ordinances, and does not create a public nuisance.

(c)(1)  No outdoor wood-fired boiler subject to the requirements of this section shall be sold or offered for retail sale or lease within the state unless the seller provides the prospective buyer prior to sale with a written notice that states the following:

(A)  The outdoor wood‑fired boiler shall be operated in accordance with the manufacturer’s written instructions;

(B)  Installation of the outdoor wood-fired boiler is subject to the distance and stack height requirements of subsection (b) of this section; and

(C)  Use of an outdoor wood-fired boiler that meets the distance and stack height requirements of subsection (b) of this section is not appropriate in some locations due to terrain that could cause the operation of a wood-fired boiler to be a public health hazard, as that term is defined in 18 V.S.A. § 2, or a public nuisance.

(2)  The written notice required by subdivision (1) of this subsection shall be signed by the prospective buyer or lessee to indicate receipt of notification of the requirements of this section.  Subsequent to delivery of an outdoor wood-fired boiler into the possession of any buyer or lessee, the seller or dealer shall mail or otherwise provide a copy of the signed notice to the air pollution control division of the agency of natural resources.  The secretary of natural resources may provide by rule the form and additional content of the required written notice.

Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont