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Fact Finder: Neighbor Fuming Over Furnace
Posted: 03.11.2011 at 10:20 PM
Updated: 03.14.2011 at 11:20 PM
Marc Schollett

Edward R. Murrow Award winning journalist Marc Schollett can be seen co-anchoring 7 & 4 News at 5,6 and 11 weekdays.

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Becky Wells hasn't had a lot of different addresses in her life. She sums it up simply by saying, "we have been married for 45 years so we have lived on this property for 45 years." The Old Mission Peninsula orchard property is the home of Becky and Terry Wells, and in the old farm house next door, her kids and grandchild. This parcel of land holds a lot of sweet memories of a life spent working the land, but lately the sweetness has turned in her words, "horrific and putrid."

The cause according to Becky is easy to isolate, "we have a neighbor with an outdoor wood burning furnace." In general, Becky says she doesn't have problems with furnaces like the one located next door to her home. But she says in this instance it crosses the line. As Becky puts it, "it's like having a campfire in your living room at night or all day, and you can't open your windows because if you leave them open and come home your house is full of smoke later."

Part of the problem with the furnace according to Becky is its location. The wood burner is located in a small valley, with a vent pipe that is lower than the surrounding homes. She says that means the smoke can leave the furnace, rise a little, and be right at the elevation of her home. According to the Outdoor Furnace Manufacturers Caucus, the vent pipe on a furnace should be two feet higher than the roof tops of nearby homes in order to minimize the smoke's impact on neighbors. In Becky's case, the top of the vent pipe is dozens of short of reaching that mark.

Becky says since it was installed next door, the burner has been throwing up enough smoke to the point where they "had to disconnect our carbon monoxide detector because it kept going off." Becky has taken pictures of the smoke that she says billows out of the stack most days and permeates her house even with the windows closed. It's a pollutant that she and her doctor agree maybe taking a toll on her health. According to Becky, "I am dying, I am not trying to be dramatic but my lungs are getting so scarred that they are not going to be able to hold up. In 2009 I started having major problems when I could get absolutely no air. I would wake up and it was like someone had a rope around my neck. I couldn't holler for help because I didn't have any air. It was scary."

Scary and without an end in sight, Becky says she began to feel hopeless, "where do I have to go? My doctor likens it to me living in a war zone. I have no safe place to go." And despite more than 7 years of trying to get some relief, she has found little, passionately she says she has almost given up because in her words, "no one will do anything about it, no one."

Why won't anyone help? The answer is pretty complicated. Outdoor furnaces are tricky things here in Michigan. I checked with the local governments but neither Grand Traverse County nor Peninsula Township has an ordinance regarding wood burner, so I contacted the DEQ to get some answers. Here is what they told me:

1.) Does the DEQ or any state agency have enforcement or investigative powers over a residential wood furnace pollution case?

Residential outdoor wood furnaces are not regulated by the DEQ. Furnaces that are installed at commercial or industrial sites are regulated by the DEQ.

2.) If not, who has that responsibility? And why does it fall with them instead of the DEQ?

The DEQ does not have regulations that pertain to these types of units. The DEQ defers regulation of residential wood furnaces to the local unit of government. Residents are required to obtain a mechanical permit prior to installing these units to ensure that it meets the requirements of the Mechanical Code. Mechanical permits are issued by the city or county depending on where you live. Many communities also have local ordinances that pertain to outdoor wood-fired furnaces. Ordinances may restrict the type of fuel used, operating practices, or specify set back requirements to lessen the effects that the air emission may have on neighbors.

3.) What steps should a homeowner take if they feel as if their neighbor's furnace is impacting their health etc.? (Who do they lodge complaints with, who will investigate etc?)

If a homeowner is being adversely affected by a neighbor's outdoor wood furnace they should consider contacting their local officials to determine if there is an ordinance in place that regulates the unit. In many cases, the neighbor may not be aware that they are impacting the health of those around them so all it may take is a call from a local official to inform them of the problem and offer advice on how to fix it (e.g., burning only dry, seasoned wood). If there is no ordinance and a call to the furnace owner does not resolve the issue, then the local unit of government may have to consider whether it's necessary to create an ordinance to address the situation.

4.) If the DEQ does handle residential cases, is there a common finding? Are most non polluting just smoky…or do they actually contain pollutants?

All sources of combustion generate pollutants. The pollutant we are concerned about with regards to outdoor wood furnaces it Particulate Matter (PM). PM, especially, very minute particulates, can have acute and chronic health effects on exposed people, especially those with cardiovascular and respiratory conditions (e.g., asthma). Small children, the elderly, or people with preexisting respiratory and cardiovascular conditions can be especially vulnerable to fine particulate matter exposure. In general, well built units that are operated properly and located far from neighbors should not generate significant amounts of PM and have less of an effect on those living nearby. The majority of complaints we receive about the units are usually due to the following:

·Poor quality unit - "homemade" units that do not have the built in pollution controls that better models have.

· Improper operating practices - burning items other than dry, seasoned wood will or overstocking the combustion chamber will cause excessive smoke and odors.

· Improperly sited units - units that have a stack that is too short and located close to the property of neighbors.

While the DEQ encourages the use of renewable resources, improperly designed, installed, and operated outdoor wood furnaces can lead to excessive emissions and adversely affect the air quality and health of residents nearby. Practices such as burning unseasoned wood, overstocking the combustion chamber, and smoldering can increase the amount of smoke emitted. These problems can intensify if the stack is not high enough to allow for adequate dispersion of the pollutants or if the unit is not designed properly. Manufacturers of these devices have specific recommendations for how these units should be operated to achieve maximum efficiency and limited emissions, as well as where they should be located and minimum stack height.

The DEQ encourages local units of government to regulate these devices through local ordinances. Several townships and cities throughout the state have created ordinances that either restrict or prohibit the use of these units. While some communities have chosen to ban the units entirely, others have chosen to put restrictions on their use by requiring certain operation practices, restrictions on fuel (I.e. only seasoned wood), design, and location, as well as specific setback requirements. These requirements help those communities address nuisance and odor complaints and limit the exposure of unhealthy smoke and particles that might have been otherwise emitted from improperly installed and operated units. The DNRE has a lot of good information, including a model ordinance, which can be accessed on the internet at www.michigan.gov/openburning 

So the DEQ only regulates commercial and industrial furnaces, not residential. In fact they told me there is no statewide legislation that specifically deals with home wood burners, but there is this Rule 901 of the state's general pollution standards. Its says in a nutshell that "a person shall not cause or permit the emission of air" that has "injurious effects on human health" or "unreasonable interference with the comfortable enjoyment of life and property."  Becky claims this clearly does. So where does she go from here. Her best bet maybe with the Health Department. They told me when it comes to actually testing the smoke, "we don't have the expertise to handle air quality issues to that extent." But that could change. The county is hoping to have access to a continuous air sampler testing apparatus in the future. That would allow them to take readings in situations like Becky's. If the test comes back with unacceptable pollutant levels and the furnace owner refuses to address the situation, the case could go to the prosecutor's office.

Now again, Becky doesn't have an issue with wood burning furnaces. She just thinks that in a small valley, with this short smokestack, on a small lot close to neighbors this one simple doesn't work. Lawyers for her and neighbor have been working for years on trying to get a resolution. One plan was to have Becky and Terry spend around 10-thousand dollars to buy the neighbor a new gas furnace, plus purchase all of his wood that he has chopped to feed his furnace. Becky says that plan is simply cost prohibitive. When I spoke to Becky, she said she is now going to pursuit other avenues of getting some air testing done in hopes of speeding up the process.

As for regulation, there may be a statewide standard in place in the future. Legislation has been introduced that specifically address wood burning furnaces. We'll keep you posted on its progress.

So what do you think? Should their be more or less regulation of wood burning furnaces? Leave a comment below with your thoughts.

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