Town of Barre, NY
Orleans County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Barre 1-14-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
GENERAL REFERENCES

Property nuisances — See Ch. 130.

Uniform construction codes — See Ch. 144.

Zoning — See Ch. 350.

§ 232-1
Legislative intent; purpose. 

§ 232-2
Definitions; word usage. 

§ 232-3
Permit required; fees. 

§ 232-4
Regulations and requirements. 

§ 232-5
Operation requirements. 

§ 232-6
Inspection upon complaint. 

§ 232-1 Legislative intent; purpose.

A. 

The intent of this chapter 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 is 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.

§ 232-2 Definitions; word usage.

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.
FRONT LINE
The line extended to each side lot line from the outermost point of any part of a building, excluding porches and steps, and parallel to the street line.
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."
PERSON
Includes any individual or business entity.
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.

§ 232-3 Permit required; fees.

Any person who desires to install an outdoor heating device shall obtain a permit from the Code Enforcement Officer of the Town of Barre, as well as a copy of the regulations for the Town of Barre. The permit fees shall be established from time to time by resolution of the Town Board.

§ 232-4 Regulations and requirements.

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 §§ 232-2 and 232-5.

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.

D. 

The owner of any new outdoor heating device shall produce the manufacturer's owner's manual or installation instructions 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 the requirements of § 232-5, the following steps shall be taken by the owner and the 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.

G. 

An applicant for a device not meeting the requirements of this chapter may seek a variance from the Zoning Board of Appeals pursuant to Article VIII, § 350-73, of Chapter 350, Zoning, of the Code of the Town of Barre.

§ 232-5 Operation requirements.

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, or which contains any other toxic substances.

(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 rubber-like products.

(5) 

Any items not specifically allowed by the manufacturer or this chapter 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 front line of the principal residence.

(2) 

The outdoor heating device shall be located on property in compliance with manufacturer's recommendation for clearance to combustible materials.

(3) 

The outdoor heating device shall have the minimum setbacks for accessory uses as required by §§ 350-22 through 350-26 or other appropriate sections of Chapter 350, Zoning, of the Code of the Town of Barre.

D. 

Chimney heights for new outdoor heating devices:

(1) 

The furnace shall be located not less than 100 feet from any residence not served by the furnace.

(2) 

If located within 100 feet to 300 feet of any residence not served by the furnace, it is recommended that the stack be at least two feet higher than the peak of the residence.

(3) 

If located more than 300 feet from any residence not served by the furnace, manufacturer's instructions and requirements must be met.

E. 

All plumbing, electrical and mechanical connections and penetrations to the residence must conform to the requirements of the New York State Uniform Fire Prevention and Building Codes.

§ 232-6 Inspection upon complaint.

Any person who 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.