[HISTORY: Adopted by the Town Board of the Town of Somerset 7-8-2008 by L.L. No. 1-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 205.
A. 
The intent of this chapter, upon adoption by the Town Board of the Town of Somerset, New York, and filed with the Secretary of State, is to insure that outdoor heating devices are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of the Town and adjacent municipalities.
B. 
It is the purpose of this chapter to establish regulations pertaining to the operation of outdoor heating devices so as to protect the safety and environmental impacts of these heating devices, particularly the production of offensive odors and potential health effects of uncontrolled emissions.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
CHIMNEY
Any flue or flues that carries off exhaust from an outdoor heating device, firebox or burn chamber.
EXISTING OUTDOOR HEATING DEVICE
An outdoor heating device that was purchased and installed prior to the effective date of this chapter, or any replacement thereof which is located in substantially the same location and uses the existing mechanical connections.
FIREWOOD
Trunks and branches of trees and bushes but does not include leaves, needles, and vines.
NATURAL WOOD
Clean wood, which has not been painted, varnished or coated with a similar material, has not been pressure-treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
NEW OUTDOOR HEATING DEVICE
An outdoor heating device that was purchased and installed after the effective date of this chapter.
OUTDOOR HEATING DEVICE
Any new or existing equipment, device, appliance 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 or water source. Any "outdoor heating device" may also be referred to as an "outdoor wood boiler," "outdoor wood furnace" or "outdoor wood hydronic heater."
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 substances.
B. 
Unless specifically defined, the words or phrases used in this chapter shall be interpreted so as to give them meanings they have in common usage, and to give this chapter its most reasonable application.
Any person, firm or corporation who or which desires to install an outdoor heating device shall obtain a permit from the Code Enforcement Officer of the Town of Somerset, as well as a copy of the regulations for the Town of Somerset. The permit fees shall be established from time to time by resolution of the Town Board.
A. 
No person shall, from the effective date of this chapter, construct, install or establish an outdoor heating device without a permit.
B. 
No person shall operate an outdoor heating device unless such operation conforms with the manufacturer's instructions regarding its installation and operation and the requirements of this chapter regarding fuels that may be burned in an outdoor heating device as set forth in §§ 136-2 and 136-5 and chimney height as set forth in § 136-5.
C. 
All outdoor heating devices shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this chapter. In the event of a conflict, the requirements of this chapter shall apply unless the manufacturer's instructions are stricter, in which case, the manufacturer's instructions shall apply.
D. 
The owner of any new outdoor heating device shall produce the manufacturer's owner's manual or installation instruction to the Code Enforcement Officer to review prior to installation.
E. 
All new outdoor heating devices shall be laboratory tested and listed to appropriate safety standards such as UL, CAN/CSA, ANSI or other applicable safety standards.
F. 
Exception. If an outdoor heating device is, through the course of proper investigation by local authorities, creating a nuisance and is violating requirements of § 136-5, the following steps shall be taken by the owner and Code Enforcement Officer having jurisdiction:
(1) 
Modifications made to the unit to eliminate the nuisance such as extending the chimney or relocating the outdoor heating device, or both.
(2) 
Cease and desist operating the unit until reasonable steps can be taken to ensure that the outdoor heating device will not be a nuisance.
Outdoor heating devices shall be constructed, established, installed, operated and maintained pursuant to the following conditions:
A. 
Fuel burned in any outdoor heating device shall be only firewood, natural wood, untreated lumber, wood pellets, corn products or other listed fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas or propane backup.
B. 
The following fuels are strictly prohibited in any outdoor heating devices:
(1) 
Wood that has been painted, varnished or coated with similar material and/or has been pressure-treated with preservatives and contains resins or glues as in plywood or other composite wood products, or particle board.
(2) 
Rubbish or garbage, including but not limited to food wastes, food packaging, food wraps, animal carcass, paint or painted materials, furniture, construction or demolition debris or other household or business wastes.
(3) 
Any plastic materials, including but not limited to nylon, PVC, ABS polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(4) 
Rubber, including tires or other synthetic rubberlike products.
(5) 
Any items not specifically allowed by the manufacturer or this section or any items prohibited by federal, state or county law, rule or regulation.
C. 
Setbacks for any new outdoor heating device.
(1) 
The outdoor heating device shall be located behind the forward line of the principal residence.
(2) 
The outdoor heating device shall be located on property in compliance with manufacturer's recommendation and/or testing and listing requirements for clearance to combustible materials.
(3) 
The outdoor heating device shall have the minimum setbacks for accessory uses as required by Chapter 205, Zoning.
D. 
Chimney heights for new outdoor heating devices:
(1) 
Furnace should be located no less than 100 feet from any residence not served by the furnace.
(2) 
If located within 100 feet to 300 feet to any residence not served by the furnace, it is recommended that the stack be at least two feet higher than the peak of that residence.
(3) 
If located more than 300 feet of any residence not served by the furnace, manufacturer's instructions and requirements must be met.
E. 
All plumbing, electrical and mechanical terminations and penetrations to the residence must conform to the requirements of the New York State Uniform Fire Prevention and Building Codes.
Appeals from any actions, decisions, or rulings of the Code Enforcement Officer or for a variance from the strict application of the specific requirements of this chapter shall be made to the Zoning Board of Appeals. Requests for all appeals shall be made in writing to the Zoning Board of Appeals not later than 30 days from the act, decision, or ruling from which relief is sought.
Any violation of this chapter shall be considered a violation within the meaning of the Penal Law of the State of New York and shall subject the owner of the property on which the outdoor heating device is located to the penalties provided in Article XVII, § 205-61, of the Code of the Town of Somerset.
Any person, firm or corporation who or which has secured a permit to install an outdoor heating device in doing so shall have agreed to permit the Town Code Enforcement Officer or any other person designated by the Town to inspect the outdoor heating device if a complaint is filed, in writing, relative to a violation of this chapter.