The Department of Environmental Conservation has extended the amount of time that a dealer has to sell off wood boilers that do not measure up to new regulations.

The emergency rule extends the current regulation's sell-through date by 90 days, allowing a distributor to sell through July 14 any non-certified outdoor wood boiler models that were in the distributor's stock as of April 14. Other than units already in stock, distributors may no longer sell any outdoor wood boilers that are not certified by DEC as meeting the new emission standards.

The rest of the regulations approved last December are in force as of today, Friday, April 15:

1. Minimum stack height of 18 feet above ground level.

2. Setback requirements:

• 100 feet or more to the nearest property boundary line for outdoor wood boilers with maximum thermal output ratings less than or equal to 250,000 Btu/hour.

• 200 feet or more to the nearest property boundary line, 300 feet or more to the nearest property boundary line of a residentially zoned property and 1000 feet or more from a school for outdoor wood boilers with maximum thermal output ratings greater than 250,000 Btu/hour.

• Setbacks may be based on distances to residences not served by an outdoor wood boiler if the boiler is located on contiguous agricultural lands larger than five acres.

• Customers must make sure their setback is based upon the maximum thermal output of their outdoor wood boiler and should consider contacting the manufacturer directly for this information.

3. Distributors must provide potential customers with a copy of the regulation (Part 247) and a Notice to Buyers form. A template for the Notice to Buyers is available on the DEC website at www.dec.ny.gov/docs/air_pdf/owbbuyer.pdf.

4. The opacity and nuisance provisions set forth in the current rule apply to all outdoor wood boilers. Potential buyers must be aware that even if the requirements of the regulation are met, there may be conditions or locations in which the use of a new outdoor wood boiler unreasonably interferes with another person's use or enjoyment of property or even damages human health. If such a situation occurs, the owner or lessee of the new outdoor wood boiler causing the situation may be subject to sanctions that can include a requirement to remove the device at their own expense as well as any other penalty allowed by law.

For more information on the regulation and details on purchasing an outdoor wood boiler in New York State, visit http://www.dec.ny.gov/chemical/73694.html.