New York just opened for comment its proposed OWB rules. And, finally, someone got the nuisance provisions right that all other regulations to date have failed to do. The nuisance provisions provide to all OWBs, old and new. Here they are are in a nutshell:
If an OWB sets off a smoke alarm at your neighbor’s property, it’s a nuisance! If an OWB puts a visible plume of smoke on your neighbor’s, it’s a nuisance! If an OWB impairs visibility on a public road, it’s a nuisance (not to mention a hazard)!
It’s about time someone had the courage to finally validate all the complaints and write solid nuisance provisions for these defective products.
Read the public notice announcement at: http://www.dec.ny.gov/regulations/64459.html and the nuisance provisions at http://www.dec.ny.gov/regulations/64492.html The proposed rules are open for comment through July 2, 2010.