City of Beacon, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Beacon 10-20-2008 by L.L. No. 8-2008. Amendments noted where applicable.]
Zoning — See Ch. 223.
This chapter shall be entitled "A Local Law to Prohibit the Use of Outdoor Wood-Burning Furnaces in the City of Beacon."
The City Council of the City of Beacon finds and determines that smoke from outdoor wood-burning furnaces frequently contains unhealthy levels of particulate matter, dioxins, carbon monoxide, nitrogen dioxide, sulfur dioxide, hydrochloric acid and other toxic air pollutants.
The City Council further finds and determines that exposure to smoke from these furnaces is likely to adversely affect respiratory and cardiovascular systems and increase asthmatic sensitivity and lung illness, especially among children and the elderly.
The City of Beacon further finds that homeowners and other users on occasion add other materials to the furnaces which, when burned, can produce toxic air pollutants.
Therefore, the purpose of this chapter is to better protect the health, safety and general welfare of the residents of the City of Beacon by prohibiting the use of outdoor wood-burning furnaces in the City of Beacon.
As used in this chapter, the following term shall have the meaning indicated:
Any equipment, device or apparatus located outside the primary residential or commercial dwelling it serves which is designed to transfer heat, via liquid, through the burning of wood to heat indoor spaces. The term "outdoor wood-burning furnace" shall not include fire pits, outdoor fireplaces or wood-fired barbeques.
No person shall construct or install a new or used outdoor wood-burning furnace in the City of Beacon after the effective date of this chapter.
No person shall operate or use an outdoor wood-burning furnace in the City of Beacon that has been purchased or constructed prior to the effective date of this chapter unless such operation or use is in accordance with the following requirements:
Outdoor wood-burning furnaces shall only be operated between October 1 through May 1.
Outdoor wood-burning furnaces shall not be operated within 200 feet of a hospital, school, day-care center or nursing home, or within 200 feet of the boundary of a federal, county, state, town or village park.
Only seasoned cord wood that has not been painted, stained, chemically treated, laminated or glued may be burned in an outdoor wood-burning furnace.
A chimney shall be installed on all outdoor wood-burning furnaces, the height of which shall extend no less than two feet higher than the cave line of any residential structure located within 200 feet of the outdoor wood-burning furnace, but in no event shall the height of said chimney be less than 15 feet.
The operation of an outdoor wood-burning furnace must be in accordance with the manufacturer's written instructions and in compliance with any other regulations that are stricter than those outlined in this section.
Nothing contained herein shall be deemed to authorize the operation or use of any outdoor wood-burning furnace which is prohibited by the United States Environmental Protection Agency (EPA) and/or the New York State Department of Environmental Conservation (DEC).
Failure to comply with any provision of this chapter shall be a violation, subject to a fine not to exceed $250 for each day that the violation continues.
The City of Beacon Building Department shall enforce the prohibitions on the use of outdoor wood-burning furnaces under §§ 136-3, 136-4 and 136-5 of this chapter.
This chapter shall apply to the construction, installation, use and operation in the City of Beacon of any outdoor wood-burning furnace after the effective date of this chapter.
If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof.
The City of Beacon, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this chapter constitutes a Type II action pursuant to § 617.5(c)[20], [21] and/or [27] of Title 6 of the New York Code of Rules and Regulations (6 NYCRR) and within the meaning of § 8-0109(2) of the New York Environmental Conservation Law as a promulgation of regulations, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection.
This chapter shall take effect on the 15th day immediately subsequent to its filing in the office of the Secretary of State.