[HISTORY: Adopted by the Town Board of the
Town of Barre 1-14-2009 by L.L. No. 1-2009. Amendments noted where
applicable.]
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.
A.
CHIMNEY
EXISTING OUTDOOR HEATING DEVICE
FIREWOOD
FRONT LINE
NATURAL WOOD
NEW OUTDOOR HEATING DEVICE
OUTDOOR HEATING DEVICE
PERSON
UNTREATED LUMBER
As used in this chapter, the following terms shall
have the meanings indicated:
Any flue or flues that carries off exhaust from an outdoor
heating device, firebox or burn chamber.
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.
Trunks and branches of trees and bushes but does not include
leaves, needles, and vines.
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.
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.
An outdoor heating device that was purchased and installed
after the effective date of this chapter.
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."
Includes any individual or business entity.
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 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.
A.
No person shall, from the effective date of this chapter,
construct, install or establish an outdoor heating device without
a permit.
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.
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.
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.
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.
