neighbors fireplace is killing us (Hilo, Waimea: home, subdivision, to live in)

[smoked out]

We live almost in Wailua I understand that at higher locations people may need fireplaces but we are not in that area also it doesn't snow on our island in fact it was 78 degrees when they started the fireplace today - we have complained to them tried to go to mediation which they refused to go the neighbor offered to put in a gas fireplace for them and pay for the gas for 1 yr but they refused - we got a petition in our neighborhood and 45 people signed it our house was built in 1981 and the smoke just comes in even with our windows and doors shut it is smoking us out and it is making us physically ill - this is to answer some of the questions that people asked also the fireplace has bothered us for yrs but especially bad this year maybe its because we are older I don't know I just don't want to have another stroke nor do I want my husband to have his first stroke plus I want my kids and grandkids to be able to come over without worrying they may have to leave because of the smoke - it is not ordinary smoke he burns trash in his fireplace and wet wood

[smoked out]

We have 2 air purifiers and a Dylos air quality monitor the neighbors won't speak to us One of the other neighbors who is expecting a baby had a carbon monoxide test done and it was positive and she needs further testing

[BigIslandBum]

I would suspect it is illegal to burn trash, it would certainly be worth a call to the county to find out.

[terracore]

Sounds like you've explored all the practical avenues at your disposal. We had a problem with smoke in our retail store (in all actuality, it was fake smoke coming from a nearby "haunted house" on a shared HVAC system) and they wouldn't do anything about it either. We called the fire department every time it happened and they put an end to it. With the advances in building codes, smoke alarms, sprinkler systems, etc most fire departments spend most of their time enforcing fire codes. More than likely, if there is smoke in your house, they HAVE to respond to your call, even if its every day. Other avenues are dept of environmental quality, EPA etc. Usually, the burning of household waste (garbage) is only allowed while operating an EPA certified incinerator. I would try the fire marshall first, and if their response is inaction, make sure they are aware that you intend to follow up with other agencies like the EPA. If there is a federal regulation that is being violated, more than likely it is the establishment that allows it to occur and not the individual who is doing it that receives enforcement action. For example, the EPA doesn't fine individual motorists who's cars don't meet environmental guidelines, they would fine the state that doesn't enforce the requirements. The same may apply in this case. Such regulations are enforced more stringent in places that already have air quality issues, like vog.

If you complain to a federal agency, they are required by law to investigate your claim and give you an answer (even if the answer is that no violation occurred, or that the complaint is not within their jurisdiction). If they don't give a satisfactory answer (which happens sometimes if its one of the agencies that gets more complaints than it has funding to answer, generally the response is in the format of a "form letter" that doesn't actually address your issue), the procedure is to write your senator and congressman and complain of the inaction of the agency and re-state your complaint. The agency is required to respond to the congressional inquiry, and they take them very seriously. On the surface, one may think that a neighbor dispute regarding garbage doesn't warrant involving the full force of the federal government, elected officials, etc. But these things happen all the time. If a regulation has been violated, chances are there are international treaties involved, and there is no such thing as a "minor" or "insignificant" violation. If the fire marshall responds with inaction, imagine his reponse when the state receives a letter of investigation that points out the possibility of receiving a 1/4 million dollar civil penalty for failure to follow a federal regulation. The states receive money from these agencies every year. Big money. But they have to play by the rules to keep the cash flowing.

[chefemmit]

Yes!! Talk to your neighbors, try to work with them!!!
I like the idea of planting a row of ..bamboo? ....whatever would work, bamboo does grow fast and is beautiful. Have faith and smile!

[Jeepers Creepers]

Originally Posted by terracore

Sounds like you've explored all the practical avenues at your disposal. We had a problem with smoke in our retail store (in all actuality, it was fake smoke coming from a nearby "haunted house" on a shared HVAC system) and they wouldn't do anything about it either. We called the fire department every time it happened and they put an end to it. With the advances in building codes, smoke alarms, sprinkler systems, etc most fire departments spend most of their time enforcing fire codes. More than likely, if there is smoke in your house, they HAVE to respond to your call, even if its every day. Other avenues are dept of environmental quality, EPA etc. Usually, the burning of household waste (garbage) is only allowed while operating an EPA certified incinerator. I would try the fire marshall first, and if their response is inaction, make sure they are aware that you intend to follow up with other agencies like the EPA. If there is a federal regulation that is being violated, more than likely it is the establishment that allows it to occur and not the individual who is doing it that receives enforcement action. For example, the EPA doesn't fine individual motorists who's cars don't meet environmental guidelines, they would fine the state that doesn't enforce the requirements. The same may apply in this case. Such regulations are enforced more stringent in places that already have air quality issues, like vog.

If you complain to a federal agency, they are required by law to investigate your claim and give you an answer (even if the answer is that no violation occurred, or that the complaint is not within their jurisdiction). If they don't give a satisfactory answer (which happens sometimes if its one of the agencies that gets more complaints than it has funding to answer, generally the response is in the format of a "form letter" that doesn't actually address your issue), the procedure is to write your senator and congressman and complain of the inaction of the agency and re-state your complaint. The agency is required to respond to the congressional inquiry, and they take them very seriously. On the surface, one may think that a neighbor dispute regarding garbage doesn't warrant involving the full force of the federal government, elected officials, etc. But these things happen all the time. If a regulation has been violated, chances are there are international treaties involved, and there is no such thing as a "minor" or "insignificant" violation. If the fire marshall responds with inaction, imagine his reponse when the state receives a letter of investigation that points out the possibility of receiving a 1/4 million dollar civil penalty for failure to follow a federal regulation. The states receive money from these agencies every year. Big money. But they have to play by the rules to keep the cash flowing.

Sometimes a visual helps. The "tube" has videos uploaded all the time. A
" I contacted ALL these agencies and they refused to act" along with a video and copies to several news agencies may be enough to motivate the lethargic PEOPLE in the applicable agencies.

[johnny_d1]

Upon retirement my wife and I purchased a home in what seemed an ideal location in Oroville, Ca. After nearly ten years our neighbor moved a brother in with him who is always home and burns the fireplace all day while the other brother is at work. Their house is a beautiful custom home as ours is with top of the line heating and air systems installed and operational in each. As far as I know they can afford a heating bill as we can but for some reason insists on burning fires in the fireplace at every opportunity accept in the summer when cooling is the major concern. Our house is terraced about 10' below it and there are substantially large trees between our back yards. Over 95% of the time air flows from his chimney toward and down onto our property either directly or angled toward the parts or our front or back yard that extend from our home. Our home smells like fire, and because this goes on every day through all but the wee hours, and maybe even then, we are exposed continuously even as we sleep. With due concern and much occasional discomfort we were able to live with it until it became a constant hazard as it is now. I mean who would think that such a terrible and potentially deadly situation could result from burning a fireplace?, and besides that, everybody knows smoke rises and flows harmlessly into the sky above, right? Quite wrong!The visible part appears to rise but only slightly before going sideways as it often becomes transparent on the way down to where it hovers at just about head height above the ground, and worse yet if you have trees in the path of the sideways traveling smoke it is gathered, brought down, concentrated and picked up again by the breezes blowing across and around properties. It fills the air on the side or sides of homes and as it's making contact along the outside walls,windows, attic openings and doors it enters the home just as normal air constantly does. We can all recall occasional wild fires burning in or near our communities and the strong orders inside our homes from those fires. Houses breath, and that air exchange is with the air surrounding the home. We were certain our neighbors were unaware of our dilemma and at any rate thought we would inform our neighbors, who we believed would upon being made aware of our situation surely be concerned enough to look into it and want to take care of the problem not wishing to harm anyone as a result of actions they and only they have exclusive control over. Wrong again. We are absolutely terrified at the thought of having to sell and move knowing that we don't have the pre-retirement incomes we once had and that we may never have a home the compares with our current home or have it in such a secluded and crime free neighborhood again. We have approached the various local government agencies seeking help, boy talk about feeling helpless; I could see as I spoke with various agents or officials that most were really only hearing their own wheels turning as they worked to patiently listen to what likely appeared to them as the foolish and unfounded ravings of an inane old man. After all what could I know?.... Only a thousand times what Iknew at their age and more than I did yesterday, is the answer.

[merced mullet]

...not sure why you posted here in Hawaii Forums but since this issue is right up my - nay - USED to be right up my alley ( I'm retired from this line of work) ...have you contacted Butte County Air Quality Management District? Ask for the Enforcement Officer. Its called "nusiance smoke."

Aloha pumehana

[leilaniguy]

On the other hand some of us like the cozy ambiance of an open fire and the smell of hardwood. Now Patchouli is another story, anyone using it should be shot at dawn if not sooner! What government agency do I complain to about that?

[hotzcatz]

Patchouli is the Sacred Scent of Puna, especially Pahoa, so you're outa luck, Leilani Guy!