[HISTORY: Adopted by the Town Board of the Town of Gardiner 1-13-2009 by L.L. No.
1-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 220.
The purpose of this chapter is to minimize the risk of fire
and the hazards of air pollution arising from the use of the outdoor
wood-fired hydronic heaters and boilers and to prevent such heaters
from creating a detriment to the health, safety and welfare of the
Town of Gardiner. It is intended that all outdoor wood-fired hydronic
heaters and boilers will meet or exceed the U.S. Environmental Protection
Agency's Voluntary Guidelines for Maximum Particulate Levels
based upon present standards and guidelines as well as any future
guidelines and standards promulgated by the U.S. Environmental Protection
Agency.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes but is not limited to deciduous trees recognized
by the wood stove industry as preferable for wood-burning stoves including
but not limited to oak, maple, ash, hickory, ironwood, and other close-grained
woods.
Wood-burning stoves or boilers located outside of a residential
or commercial structure and intended to heat water that is pumped
into the house or structure by a pipe or conduit to heat the house
or structure and/or the hot water therein.
Wood that has been dried for at least six months after being
cut.
No person shall construct, maintain, install or operate an OWFHH
within the Town of Gardiner without first having obtained a permit
from the Code Enforcement Officer of the Town of Gardiner.
A.
All OWFHH models must meet the U.S. Environmental Protection Agency's
Standards with respect to particulate emissions which are in effect
when the building permit is applied for.
B.
All OWFHHs must be set back a minimum of 10 feet from a residential
or commercial structure or such additional distance as may be specified
by the manufacturer.
C.
All OWFHHs must be set back a minimum of 50 feet from any adjoining
property line and a minimum of at least 100 feet from any residential
or commercial structure on any adjoining property.
D.
The OWFHH must have a chimney which is a minimum of two feet higher
than the roof of any residential or commercial structure that is not
being serviced by the OWFHH which house or structure is within 300
feet of the OWFHH.
A.
No fuel shall be used within an OWFHH except for seasoned hardwood.
B.
The following fuels are strictly prohibited for use in an OWFHH:
painted, treated or coated wood, unseasoned wood, coniferous or soft
wood, rubbish and garbage, plastic, rubber, newspaper, cardboard,
printing paper and any additional items specifically listed as unacceptable
by the manufacturer of the OWFHH.
C.
Spark arresters. All OWFHHs shall be equipped with properly functioning
spark arresters.
D.
OWFHHs must be properly maintained and inspected regularly by the
owner. Such maintenance and inspection shall be done at a minimum
every six months or more frequently as may be recommended by the manufacturer.
In the event that the Code Enforcement Officer or Building Inspector
of the Town of Gardiner determines that there has been a violation
of this chapter, or is creating a public nuisance by reason of smoke,
odor, or particulate matter, a notice of violation shall be served
on the owner and/or occupant of the premises utilizing the OWFHH.
Said notice may be served personally or by certified and regular mail
to the owner and/or occupant. In the event that the violation is not
cured within 15 days, the Code Enforcement Officer shall serve an
appearance ticket on the owner and/or occupant personally or by certified
and regular mail.
Any person who commits an act in violation of the provisions
of this chapter shall be liable for such violation and subject to
revocation of the permit and a fine not to exceed $500 or imprisonment
for a period not to exceed 15 days, or both. Each day that a violation
exists shall be deemed to be a separate violation and subject to the
fines and penalties set forth herein.
Each separate provision of this chapter shall be deemed independent
of all other provisions herein and if any provisions shall be deemed
or declared invalid all other provisions shall remain valid and enforceable.
The provisions of this chapter shall take effect immediately
upon the filing of this chapter with the Secretary of the State.
