Although wood-fired 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. This chapter is
intended to ensure that wood-fired furnaces 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.
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.
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.
WOOD-FIRED FURNACE
Any equipment, device or apparatus, or any part thereof which
is installed, affixed or situated outdoors or indoors, for the primary
purpose of combustion of fire-wood and untreated lumber as fuel to
produce heat or energy used as a component of a heating system providing
heat for any interior space.
No person shall cause, allow or maintain the
use of a wood-fired furnace within the Town of Philipstown without
first having obtained a permit from the Code Enforcement Officer.
Application for a permit shall be made to the Code Enforcement Officer
on the forms provided.
Failure to comply with any of the provisions
of this chapter shall be a violation and, upon conviction thereof,
shall be punishable by a fine of not less than $500 or imprisonment
for a period of not more than 10 days, or both, for the first offense.
Any subsequent offense shall be punishable by a fine of not less than
$1,000 or imprisonment for a period of not more than 30 days, or both.
In addition, any permit issued for a wood-fired furnace shall be revoked
upon conviction of a second offense and the subject wood-fired furnace
shall not be eligible for another permit. Each day that a violation
occurs shall constitute a separate offense. The owners of any premises
upon which prohibited acts occur shall be jointly and severally liable
for violations of this chapter.
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. Wood-fired furnaces, and
any electrical, plumbing or other apparatus or device used in connection
with a wood-fired 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.
If any such section, subsection, sentence, clause,
phrase or word of this chapter is for any reason held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining provisions
hereof.