Outdoor furnaces may provide an economical alternative to conventional
heating systems. However, concerns have been raised regarding the
safety and environmental impacts of these heating devices, particularly
the production of offensive odors and potential health effects of
uncontrolled emissions. This chapter regulates the installation and
use of outdoor furnaces in order to protect against the potential
detrimental effects thereof to the health, safety and general welfare
of the residents of the Town of Victor.
The installation and use of an outdoor furnace shall be regulated
by this chapter.
CLEAN WOOD
Wood that has not been painted, stained, or treated with
any other coatings, glues or preservatives, including, but not limited
to, chromated copper arsenate, creosote, alkaline copper quaternary,
copper azole or pentachlorophenol.
NUISANCE
Use of property or course of conduct that interferes with
the legal rights of others by causing material damage.
OUTDOOR FURNACE
May also be referred to as outdoor "hydronic heater" or outdoor
"wood boiler." A fuel-burning device that:
A.
Is designed to burn wood or other approved fuels;
B.
Is specified by the manufacturer for outdoor installation or
installation in structures not normally occupied by humans; and
C.
Is used to heat building space and/or water via the distribution,
typically through pipes, of a gas or liquid (e.g., water or water/antifreeze
mixture) heated in the device.
PREEXISTING OUTDOOR FURNACES
Any outdoor furnace approved by the Town and in existence
on the effective date of Local Law No. 9-2011 shall be permitted to
remain, provided that the owner complies with the regulations immediately
in effect prior to the adoption of Local Law No. 9-2011 and, in addition,
complies with New York Department of Environmental Conservation regulations
dealing with permissible and impermissible fuels for outdoor furnaces
in effect as of the date of installation.
Residential districts (R1, R2 and R3): Subject to the regulations
set forth herein, an outdoor furnace may be installed and operated
within a residential district after the owner of said outdoor furnace
is granted an operating permit by the Town Code Enforcement Officer.
Operating permits shall be reviewed on a regular basis to determine
whether the subject outdoor furnace is causing a nuisance within the
Town.
A person who violates any provision of this chapter shall be
guilty of violation as defined in Article 10 of the New York State
Penal Law and shall, upon conviction, be subject to a fine of not
more than $250 or 15 days of jail, or both. Each day that said violation
shall continue to exist shall constitute a separate violation.