http://www.dec.ny.gov/regulations/64492.html
Requirements applicable to Existing OWBs (Section 247.10)
All existing OWBs must be equipped with a permanent stack extending a minimum of two feet above the peak of any roof structure located within 150 feet of the OWB and no less than of 18 feet above ground level effective October 1, 2011. An existing outdoor wood boiler that commenced operation prior to September 1, 2005 must be replaced with a new outdoor wood boiler meeting the requirements of this Part or must be permanently removed from service no later than August 31, 2015. An existing outdoor wood boiler that commenced operation between September 1, 2005 and April 14, 2011 must be replaced with a new outdoor wood boiler meeting the requirements of this Part or must be permanently removed from service within ten years of the commence operation date but not later than August 31, 2020. In the event that an owner of an existing outdoor wood boiler cannot provide sufficient documentation, to the satisfaction of the Department, regarding the commence operation date of their existing outdoor wood boiler, such owner must replace their existing outdoor wood boiler with a new outdoor wood boiler meeting the requirements of this Part or must permanently remove the existing outdoor wood boiler from service no later than August 31, 2015.
No person shall operate an existing OWB in the Northern Heating Zone between May 15 and August 31 of each year or between April 15 and September 30 elsewhere in the State. There are three exceptions to this provision (subdivision 247.10(b)):
1. OWBs certified under Section 247.8 and sited 100 feet or more from the nearest property boundary line;
2. OWBs sited 500 feet or more from the nearest property boundary line; or
3. OWBs located on contiguous agricultural lands1 greater than five acres sited 500 feet or more from the nearest residence not served by the OWB or 500 feet or more from the nearest property boundary line that is not agricultural land and 1000 feet or more from a school.