This chapter shall be known as the "Town of Fishkill Outdoor
Furnace Local Law." It is adopted pursuant to Municipal Home Rule
Law § 10.
Although outdoor furnaces may provide an economical alternative
to conventional heating systems, 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.
As used in this chapter, the following terms shall have the
meanings indicated:
FIREWOOD
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush smaller than three inches in diameter.
OUTDOOR FURNACE
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.
UNTREATED LUMBER
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.
The construction, installation and establishment of outdoor furnaces are hereby prohibited within the Town of Fishkill. No person shall install, construct or establish an outdoor furnace. Except as authorized pursuant to §§
75-8 and
75-9 of this chapter, no outdoor furnace shall be operated within the Town.
Any officer of the Town of Fishkill Building Department, or
any other person who may hereafter be designated by resolution of
the Town Board, is hereby authorized in the name and on behalf of
the Town to undertake and prosecute any proceedings necessary or appropriate
to enforce compliance with this chapter.
Any person who shall violate any provision of this chapter shall
be guilty of a 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 to imprisonment for not more than 15 days, or
both such fine and imprisonment, for the first offense. Any subsequent
offense within a period of three years shall be punishable by a fine
of not more than $500 or imprisonment for a period of not more than
30 days, or both. Each week's violation shall constitute a separate
and distinct offense.
The provisions of this chapter shall not apply to outdoor furnaces
necessary to farm operations within agricultural (taxing) districts
to the extent the provisions unreasonably restrict farm operations.
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 furnaces, and any electrical, plumbing
or other apparatus or device used in connection with an outdoor furnace,
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 a conflict
between any provision of this chapter and any applicable federal,
state or local ordinances, codes, laws, rules or regulations, the
more restrictive or stringent provision or requirement shall prevail.