[HISTORY: Adopted by the Town Board of the
Town of Wawayanda as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-5-1982]
This article shall be known and cited as the
"Heating Stove and Fireplace Ordinance" of the Town of Wawayanda.
Pursuant to the authority conferred by the Town
Law in the State of New York, and in order to promote the health,
safety and general welfare of the inhabitants of the Town of Wawayanda,
this article is hereby enacted to encourage the proper and safe installation
of heating stoves and fireplaces.
Any person, firm or corporation, all hereinafter "the applicant," seeking to install or to have installed a heating stove or fireplace fueled by wood, coal or kerosene in any building, as the same is defined by Chapter 195, Zoning, of the Town of Wawayanda, shall comply with the provisions of this article.[1]
[1]
Editor's Note: The application form is available
at the Town offices.
A.
Prior to installing any heating stove or fireplace,
the applicant shall submit to the Building Inspector a plan, sketch
or drawing illustrating the design and proposed installation of the
heating stove or fireplace. If the Building Inspector determines that
the proposed installation meets the requirements of the New York State
Uniform Fire Prevention and Building Code, he will issue a permit
for the installation. After receiving the permit, the applicant must
advise the Building Inspector prior to any construction, and the Building
Inspector shall make an on-site inspection of the building. Following
completion of the installation and prior to the use of the heating
stove or fireplace, the applicant shall advise the Building Inspector
of completion of construction, and the Building Inspector will make
a final inspection. If the Building Inspector finds that the installation
is in accordance with the New York State Uniform Fire Prevention and
Building Code, he will issue a permit to use the heating stove or
fireplace.
B.
If a stove is found to be the cause of a fire or alarm
of fire, the owner of the stove shall be required to conform to this
article in a reasonable time.
There will be no fees of any type, kind or nature
charged to or collected from the applicant for the issuance of any
permits or inspections made by the Building Inspector pursuant to
the provisions of this article.
Notwithstanding the issuance of any permits
pursuant to this article, should a fire occur in a building where
a heating stove or fireplace has been installed, the Town of Wawayanda
shall not be in any way liable for any loss of life or injury to persons
or property resulting therefrom.
[Amended 4-8-1993 by L.L. No. 2-1993]
Any person violating any provisions of this
article shall be punished by fines not exceeding $250 or imprisonment
not exceeding 15 days, or both.
[Adopted 5-21-2013 by L.L. No. 1-2013[1]]
[1]
Editor's Note: This local law also repealed former Art.
II, Regulation of Outdoor Furnaces, adopted 1-20-2009 by L.L. No.
1-2009.
As used in this article, the following terms shall have the
meanings indicated:
An outdoor wood-burning wood boiler device that has been
tested and demonstrated to meet current United States Environmental
Protection Agency (EPA) emission standards for such device and has
received certification of approval from EPA.
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space. An outdoor
wood boiler may also be referred to as an outdoor wood furnace, or
an outdoor furnace, or an outdoor wood-burning boiler.
Dry wood which has been milled and dried but which has not
been treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint or other substance.
No person shall cause, allow or maintain the use of an outdoor
wood boiler within the Town of Wawayanda without first having obtained
a permit from the Town Building Inspector. Application for a permit
shall be made to the Building Inspector on the forms provided.
The use of outdoor wood boilers shall be prohibited between
the period of May 1 through and including September 30 of each year.
Any outdoor wood furnace or wood boiler in existence on the effective date of this article shall be permitted to remain, provided that the owner applies for and receives a permit from the Town Building Inspector within one year of such effective date; provided further, however, that upon the effective date of this article, all provisions hereof, except § 100-12B and C, shall immediately apply to existing outdoor wood furnaces or boilers. All of the provisions of this article shall continue to apply to existing outdoor furnaces or boilers which receive permits except § 100-12B, C and D. If the owner of an existing outdoor wood furnace or boiler does not receive a permit within one year of the effective date of this article, the outdoor wood furnace or boiler shall be removed. "Existing" or "in existence" means that the outdoor wood furnace or boiler is in place on the site. "Effective date" means the date the local law from which this Article II of Chapter 100 is derived was filed with the Secretary of State.
A.
Permitted fuel. Only firewood and untreated lumber are permitted
to be burned in any outdoor wood boilers. Burning of any and all other
materials in an outdoor wood boiler is prohibited.
B.
Permitted zones. Outdoor wood boilers shall not be permitted in the
HB Zoning District as such district is shown on the Town's Zoning
Map.
C.
Minimum lot size. Outdoor wood boilers shall be permitted only on
lots of two acres or more.
D.
Residential setbacks. Outdoor wood boilers shall be set back not
less than 100 feet from the property line and shall not be located
in the front of the lot or less than 25 feet from the structure to
be heated.
E.
Commercial setbacks. A commercial-size outdoor wood boiler must be
located not less than 200 feet from the nearest property boundary
line. In addition, a new commercial outdoor wood boiler must be located
not less than 300 feet from a property line of a residentially zoned
property and not less than 1,000 feet from a school.
F.
Agricultural lands exception. An exception will be provided for new
residential and commercial outdoor wood boiler setbacks when installed
on contiguous agricultural lands larger than five acres whereby the
setbacks would be based on the distance to the nearest residence not
served by the outdoor wood boiler. In such cases it is expected that
new outdoor wood boiler would be spaced far enough apart such that
a receptor would not be impacted by multiple outdoor wood boilers.
G.
Spark arrestors. All outdoor wood boilers shall be equipped with
properly functioning spark arrestors.
H.
Chimney height. Outdoor wood boilers shall have a permanent chimney
stack height of not less than 18 feet above ground level. Based upon
location-specific factors such as terrain, the chimney height may
need to be taller than the minimum and may need to be as much as two
feet above the roof peak of any structure located within 150 feet
of the outdoor wood boiler when necessary to adequately disperse smoke
emitted from an outdoor wood boiler. The Building Inspector, upon
inspection of the outdoor wood boiler, on a case by case basis, may
alter the chimney height if circumstances dictate that such alteration
is necessary in the interest of public safety.
I.
Outdoor wood boilers must be EPA approved.
J.
Installation of any electrical or plumbing apparatus or device used
in connection with the operation of an outdoor wood boiler shall be
in conformity with all applicable electrical and plumbing codes and
in the absence of such code, in conformity with the manufacturer's
installation specifications.
K.
No more than one outdoor wood boiler shall be permitted on a lot.
A.
A permit issued pursuant to this article may be suspended as the
Building Inspector may determine to be necessary to protect the public
health, safety and welfare of the residents of the Town of Wawayanda
if any of the following conditions occurs:
(1)
Emissions from the outdoor wood boiler exhibit greater than twenty-percent
opacity (six-minute average), except for one continuous six-minute
period per hour of not more than 27% opacity, which shall be determined
as provided in 6 NYCRR 227-1.3(b);
(2)
Malodorous air contaminants from the outdoor wood boiler are detectable
outside the property of the person on whose land the outdoor wood
boiler is located;
(3)
The emissions from the outdoor wood boiler interfere with the reasonable
enjoyment of life or property;
(4)
The emissions from the outdoor wood boiler cause damage to vegetation
or property; or
(5)
The emissions from the outdoor wood boiler are or may be harmful
to human or animal health.
B.
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurance is given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this article subject to the penalties provided in § 100-14 hereof.
A.
Violations. A violation of this article is hereby declared to be
an offense, punishable by a fine not exceeding $250 or imprisonment
for a period not to exceed 15 days, or both, for conviction of a first
offense; for conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine not less than
$250 nor more than $500 or imprisonment for a period not to exceed
30 days, or both; and upon conviction for a third or subsequent offense,
all of which were committed within a period of five years, punishable
by a fine not less than $500 nor more than $1,000 or imprisonment
for a period not to exceed three months, or both. Each week's
continued violation shall constitute a separate additional violation.
The owners or occupants of premises upon which prohibited acts occur
shall be jointly and severally liable for violations of this article.
Any fine imposed hereunder shall, until paid, constitute a lien upon
the real property where the outdoor wood boiler is located and may
be levied on the next Town tax bill.
B.
Appropriate Town actions. In case any outdoor wood boiler is erected,
constructed, altered, converted or maintained or any outdoor wood
boiler is used in violation of this article or of any ordinance or
other regulation made under authority conferred thereby, the proper
local authorities of the Town, in addition to other remedies, may
institute any appropriate action or proceeding in any court of competent
jurisdiction to prevent such unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or use of an outdoor wood boiler(s)
to restrain, correct or abate such violation; to prevent the use of
an outdoor boiler(s); or to prevent any illegal act, conduct, business
or use, in or about such outdoor boiler(s); and upon the failure or
refusal of the proper local officer, board or body of the Town to
institute any such appropriate action or proceeding for a period of
10 days after written request by a resident taxpayer of the Town so
to proceed, any three taxpayers of the Town residing in the district
wherein such violation exists, who are jointly or severally aggrieved
by such violation, may institute such appropriate action or proceeding
in like manner as such local officer, board or body of the Town is
authorized to do.
Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, New York State Department of Environmental Conservation or any other federal, state, regional or local agency. Outdoor boilers, and any electrical, plumbing or other apparatus or device used in connection with an outdoor wood boiler shall be installed, operated and maintained in conformity with the manufacturer's specifications and any and all local, state and federal codes, laws, rules and regulations. In case of conflict between any provision of this article and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail. Outdoor wood boilers must conform to all other applicable regulations of the Town's Zoning Law, Chapter 195 of the Code of the Town of Wawayanda.
