FOREST ACRES, S.C. — A proposed ordinance would ban outdoor wood-burning furnaces in Forest Acres.
Supporters believe the devices pose health hazards, while others say this action by city council is harassment, especially because only one home uses that type of heater.
"I don't understand the issue, but we have one," said Forest Acres resident of 25 years, Stanley Edmonds. "It's just an outdoor fireplace. That's all it is."
In 2011, Edmonds installed a hydronic heater, also known as wood-burning furnace or stove, outside his home.
To use it, Edmonds fills a 135-gallon tank with water, then stacks hardwood in the furnace compartment which heats the water. The heated water is blown through the ductwork which heats the house.
Owning the furnace is a money saver, he says. Using the furnace as a heating source trims $200 to $300 off the monthly utility bill.
"We own a tree company so we get access wood with no problem," said Edmonds. "If you bought this and you had to buy the wood, it wouldn't be sufficient for you. We don't have to buy the wood."
The problems started in 2017 when neighbors brought complaints to city council, concerned about the health effects from the heater's smoke.
Since then, testimonies and e-mails have poured in both for and against a potential ban. A neighbor who obtained the list of e-mails to Forest Acres city officials using a Freedom of Information Act Request sent a copy to News 19.
Among the concerns were air quality on a nearby school playground and claims the smoke triggers a child's asthma.
Yet supporters of the Edmonds believe the family is being unfairly targeted and say the city should consider regulations rather than an outright ban.
"In 2017, I noticed that I started developing asthma," said Rita Shipman who lives two doors down from Edmonds. "I had to get an inhaler because of the asthma and use it when I was out in the yard because I couldn't work in my yard. I couldn't sit on my patio."
Shipman is fighting to get these types of heaters banned in her community. She created a website dedicated to her efforts.
"It's scientifically proven that [the heater] does affect health," said Shipman. "It can cause heart problems. It can cause asthma problems...Most people who have them live in the country, not in a residential area."
We verified Shipman's claims on the EPA's website. It says health effects of breathing smoke from these heaters include aggravated asthma, reduced lung function, development of chronic bronchitis and irregular heartbeat.
In 2015, the EPA updated its clean air standards for hydronic heaters to make new ones cleaner and improve air quality in communities where people use them for heat.
The new rules would be phased in over 5 years, and they're in effect now.
The agency says the new standards apply only to new wood heaters and will not affect those already in use in homes.
"[City officials] monitored our stove for three years. They came by and took pictures, they videoed the smoke for three years. The mayor said they tabled it, it was done. Then we get this in March," said Edmonds. "The mayor said, and I quote, 'If I'm gonna shut down his stove, I gotta shut down all the fireplaces in the City of Forest Acres'."
Earlier this year, councilmembers revived talks about the heater.
A newly drafted ordinance says wood burning heaters like the Edmonds' will no longer be allowed. The ordinance says, "The use or operation of a residential or commercial Hydronic Heater, operated in the open or in any type of structure, damages the air quality, constitutes a health hazard and/or a nuisance which is specifically banned in the City".
If passed, everyone who uses a hydronic heater within city limits will have to stop using it no later than September 1, 2021.
We asked an attorney who has no direct connection to this particular case whether an ordinance like this can be put into place.
"Generally courts will give great deference to a government's decision so long as the government can provide any basis for its ordinance. So, protection of air quality, public health, those types of things. If the government can generally make any showing of that, the court will often uphold the ordinance," said Kathleen McDaniel, Attorney with Burnette Shutt & McDaniel Law Firm.
Edmonds has since purchased a water heater so he will only burn wood outside during the winter.
"It's just harassment and they're targeting us," he said. "[The city is] trying to make an ordinance for us because we're the only one that has it."
In an e-mail, City Administrator Shaun Greenwood said they started reviewing the issue after citizen complaints about air quality. He said, "The changes in EPA standards and updated restrictions on the manufacturers of these units is the basis for the city's research. There is also a nuisance component related to this type of unit. So far, public opinion seems to be split as to whether these types of units are particularly bothersome."
Greenwood said city officials are only aware of one hydronic heater in use in Forest Acres. The city has a population of just over 10,000.
A petition supporting the Edmonds family has over 75 signatures, including John Renner's.
"The thing about the ordinance that made me scratch my head is they're gonna ban wood burning in Forest Acres. Does that cross over to fireplaces?" said Renner. "I think they need to take a step back and review the whole picture."
The first reading of the ordinance is set for the next city council meeting Tuesday evening.
"Everybody has their opinion, but you can't come on my property and tell me I can't light my fire to heat my house," said Edmonds. "If my neighbors can light their fireplaces, why can't I light this?"
The Edmonds have hired an attorney.
DHEC created a model ordinance focused on these hydronic heaters, but during a council meeting in April, Forest Acres officials said they don't know of any communities in South Carolina that have adopted the ordinance.