New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 192 - Forest Insect And Disease Control › Section 192.5 - Firewood restrictions to protect trees and forests from invasive species

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
				For the purposes of this section, these terms shall be defined as follows:
(1) Department shall mean the New York State
				Department of Environmental Conservation.
(2) Firewood dealer shall mean any person,
				including a firewood producer, that sells firewood at retail.
(3) Firewood shall mean all wood of any
				species, cut or not cut, split or not split, regardless of length which is:
(i) in a form and size appropriate for use as
				a fuel; or
(ii) which is destined
				for use as fuel. Firewood shall not include kiln dried dimensional lumber, and
				wood that has been chipped to a maximum piece size that is no greater than
				1-inch in 2-dimensions. Firewood shall not include logs or wood being
				transported to or possessed by the following operations and facilities, for use
				in their primary manufacturing process:
(a)
				sawmill for dimensional lumber;
(b)
				pulp and/or paper mills;
(c) wood
				pellet manufacturing facilities;
(d) plywood manufacturing
				facilities;
(e) wood biomass-using
				refineries or power plants;
(f)
				re-constituted wood or wood composite product manufacturing plants;
(g) facilities treating firewood in
				accordance with paragraph (13) of this subdivision.
(4) Firewood producer shall mean
				any person who processes firewood for sale at the wholesale level or sells
				firewood at the wholesale level.
(5) New York-approved treated
				firewood/pest-free shall mean a labeling standard for firewood that may be used
				by a firewood producer who complies with the provisions of subdivision (d) of
				this section.
(6) Origin shall mean
				the village, town, city, or street address where firewood for personal use was
				grown.
(7) Person shall mean an
				individual, organization, corporation, business, or partnership, public
				authority, county, town, village, city, municipal agency or public corporation,
				other than the department.
(8)
				Personal use shall mean the use of firewood as a fuel, under the conditions
				specified in subdivision (e) of this section.
(9) Phytosanitary certificate or plant health
				certificate shall mean an official document issued by a State Department of
				Agriculture and Markets or the United States Department of Agriculture animal
				plant health inspection service or equivalent certification from the country in
				which the treated firewood was produced which certifies that the firewood meets
				the phytosanitary regulations of New York State in accordance with the
				provisions of paragraph (13) of this subdivision.
(10) Self-issued certificate of origin shall
				mean a document for the possession of firewood for personal use as specified in
				subdivision (e) of this section which specifies the date, name of the
				possessor, the street address, city, state and zip code of the possessor, the
				origin of the firewood being possessed, the final destination of the firewood,
				and the approximate volume in cords or cubic feet being possessed. A sample
				self-issued certificate of origin shall be available on the department's
				website and at the department's regional offices.
(11) Source shall mean the village, town, or
				city designated by a firewood dealer or firewood producer as the location no
				greater than 50 miles from where said untreated firewood was grown. For
				untreated firewood produced from pallets, or which is a by-product of
				industrial, commercial, or wood milling operations, source shall mean the
				actual business or mill street address where such firewood is
				produced.
(12) Source documentation
				shall mean a document which shall include the name and legal address of the
				firewood producer or firewood dealer, the source of the firewood, and the
				approximate volume of firewood if greater than one cord or 128 cubic feet.
				Source documentation may consist of a bill of lading, purchase receipt or
				invoice accompanying all such firewood sold or a label attached to each package
				or bundle of firewood.
(13) Treated
				firewood shall mean firewood, including any wood by-products of the operations
				or facilities listed in paragraph (3) of this subdivision and which are
				destined for use as fuel:
(a)
(b)
(i)
				treated to achieve a minimum core temperature of 71° C for a minimum of 75
				minutes employing kiln-drying or other treatments, e.g. steam, hot water, or
				dry heat, approved by the department that achieve this specification;
				or
(ii) such other methods approved
				in writing by the department which achieve comparable results.
(14) Untreated firewood
				shall mean any firewood that has not been treated in accordance with the
				provisions of paragraph (13) of this subdivision including any wood by-products
				of the manufacturing operations or facilities listed in paragraph (3) of this
				subdivision, which are not treated in accordance with paragraph (13) of this
				subdivision, and which are destined for use as fuel.
(15) 50 miles shall mean a 50 mile linear
				distance determined by using the scale-bar on a New York State road map, atlas,
				or gazetteer.