Sec. 247.2. Definitions

(a) To the extent that they are not inconsistent with the specific definitions in subdivision (b) of this section, the general definitions of Part 200 and Subpart 201-2 of this Title shall apply to this Part.

(b) For the purposes of this Part, the following definitions apply:

(1) Agricultural land. The land and on-farm buildings, equipment, manure processing and handling facilities, and practices that contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a 'commercial horse boarding operation' and 'timber processing.' Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.

(2) Clean wood. Wood that has not been painted, stained, or treated with any other coatings, glues or preservatives, including, but not limited to, chromated copper arsenate, creosote, alkaline copper quaternary, copper azole or pentachlorophenol.

(3) Commence operation. The initial start-up of the combustion chamber of a new outdoor wood boiler after all piping and electrical connections between the new outdoor wood boiler and the structure(s) it serves have been completed.

(4) Commercial-size new outdoor wood boiler. A new outdoor wood boiler with a thermal output rating greater than 250,000 British thermal units per hour (Btu/h).

(5) Distributor. Any person who sells or leases a new outdoor wood boiler to an end user. A distributor may be a manufacturer or agent thereof or an independent contractor.

(6) End user. Any person who purchases or acquires any new outdoor wood boiler for personal, family, household, commercial or institutional use. Persons acquiring a new outdoor wood boiler for resale are not end users for that product.

(7) Manufacturer. Any person who makes or produces a new outdoor wood boiler that is ultimately operated in New York.

(8) Model. All new outdoor wood boilers manufactured by a single manufacturer that are similar in all material and design respects.

(9) New outdoor wood boiler. An outdoor wood boiler that commences operation on or after April 15, 2011.

(10) Outdoor wood boiler. A fuel burning device that:

(i) is designed to burn wood or other fuels;

(ii) is specified by the manufacturer for outdoor installation or installation in structures not normally occupied by humans; and

(iii) is used to heat building space and/or water via the distribution, typically through pipes, of a gas or liquid (e.g., water or water/antifreeze mixture) heated in the device.

(11) Residential-size new outdoor wood boiler. A new outdoor wood boiler that has a thermal output rating of 250,000 Btu/h or less.

(12) Responsible official. A president, vice president, secretary, treasurer, general partner, proprietor, principal executive officer, or any other person who performs policy or decisionmaking functions and is authorized to legally bind a corporation, partnership, or sole proprietorship which is subject to the provisions of this Part.

(13) Test Method 28-OWHH. "EPA Test Method 28 OWHH for Measurement of Particulate Emissions and Heating Efficiency of Outdoor Wood-Fired Hydronic Heating Appliances," Attachment 2 of the "EPA Outdoor Wood-Fired Hydronic Heater Program Phase I Partnership Agreement" dated March 16, 2007 (see table 1, section 200.9 of this Title).

(14) Thermal output rating. The heat value in Btu/h that a manufacturer specifies a particular model of new outdoor wood boiler is capable of supplying at its design capacity.