[HISTORY: Adopted by the Town Board of the
Town of Rosendale 3-11-2009 by L.L. No. 2-2009. Amendments noted where
applicable.]
This chapter is enacted pursuant to the Municipal
Home Rule Law of the State of New York and pursuant to the powers
granted to the Town by virtue of Article IX, § 2(c), of
the New York State Constitution and shall be known as the "Town of
Rosendale Hydronic Heater and Other Heating Appliances."
A.
Outdoor hydronic heaters, also known as "outdoor wood-burning
boilers (OWB)," originally intended and designed for use on farms,
are increasingly being used as an alternative to conventional heating
systems in residential areas. The New York State Office of the Attorney
General, the New York State Department of Environmental Conservation
and the Northeast States for Coordinated Air Use Management (NESCAUM)
have determined that unregulated hydronic heaters pose significant
health and environmental risks due to high particulate emissions and
emissions of other toxic pollutants, even when clean seasoned wood
is burned. Regular exposure to smoke can cause long-term human health
problems, including cardiovascular disease, chronic lung conditions
and premature death. Short-term effects of exposure include eye, nose,
throat and lung irritation, coughing, shortness of breath and asthma
attacks. The pollution problem associated with hydronic heaters is
further aggravated by the burning of wet, damp or green wood, processed
wood or garbage. Hydronic heaters are also one of the less economical
modes of heating, with high initial costs and lower heating efficiencies
relative to conventional heating systems (New York State Office of
the Attorney General, "Smoke Gets in Your Lungs: Outdoor Wood Boilers
in New York State," Revised March 2008).
B.
Hydronic heaters may pose a public health risk and
may deprive neighboring residents of the enjoyment of their property
and/or use of their premises. Similar risks and detrimental effects
also result from other heating appliances, including, but not limited
to, wood-burning, coal-burning and pellet-burning stoves, furnaces
and boilers. The hilly topography of Rosendale is particularly ill-suited
to the rapid dispersion of smoke and pollutants, since air currents
in valley areas can be slow moving and subject to down drafts. Since
neither federal nor New York State laws currently regulate the emissions
of hydronic heaters, these Town of Rosendale regulations shall impose
reasonable performance standards so that hydronic heaters and other
heating appliances do not endanger the health, safety, comfort and
general welfare of the residents and inhabitants of the Town of Rosendale.
C.
In addition to the local hydronic heater regulations
here cited, all federal, state and local regulations already in place
which govern wood stoves, pellet stoves, coal stoves, and all indoor
heating appliances, boilers and furnaces, shall be strictly enforced
and adhered to. These regulations are not intended to supplant such
other federal, state and local regulations.
As used in this chapter, the following terms
shall have the meanings indicated:
Wood that is dry, has no paint, stains or other types of
coatings and wood that has not been treated with, including but not
limited to chromated copper arsenic, creosote or pentachlorophenol.
A boiler with a rated thermal output greater than 350,000
Btu's/hour, as rated by the EPA Method 28 OWHH Test Method.
Any unit designed to heat a dwelling, business, garage, outbuilding
or any structure normally occupied. This shall include, but not be
limited to, indoor and outdoor hydronic heaters; gas, oil, coal, pellet
and wood furnaces; wood stoves; pellet stoves; and coal stoves.
A solid-fuel-burning device designed to burn wood or other
approved fuels; that the manufacturer specifies for indoor or outdoor
installation; and heats building space and/or water via the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a water/antifreeze mixture. Outdoor wood boilers are also
known as "outdoor wood hydronic heaters," which is the term used by
the U.S. Environmental Protection Agency and the Northeast States
for Coordinated Air Use Management. For the purpose of these regulations,
all hydronic heaters or boilers, regardless of the type of fuel burned,
shall be subject to these rules.
Any unit purchased, installed and/or operational in accordance
with applicable laws at the intended location of use prior to the
effective date of these regulations.
The degree to which emissions other than water reduce the
transmission of light and obscure the view of an object in the background.
Total particulate matter, including PM 10 (defined as particulates
smaller than or equal to a nominal 10 micrometers in diameter) and
PM2.5 (defined as particulates smaller than or equal to 2.5 micrometers
in diameter).
A boiler with a rated thermal output of 350,000 Btu's/hour
or less as rated by the EPA Method 28 OWHH Test Method.
The time period beginning with flame stability after first
charge of fuel and is no longer than a two-hour duration. This definition
only includes initial startup where no previous coal bed exists. This
does not include refueling.
A.
Installation permit required. Upon adoption of this chapter, no person shall cause, install, allow or maintain the use of any heating appliance within the Town of Rosendale without first having obtained an installation permit from the Town Building Department. The choice of hydronic heater shall be verified by the Town Building Department to comply with the emissions standards as set forth in §§ 43-6 and 43-7 of this chapter. A copy of the original receipt for any new heating appliance, showing the vendor information, product description and model, purchase date, the manufacturer's specifications and emissions information for the unit, shall be provided to the Town Building Department. It shall remain on file with the Town for the duration of the life and use of the heating unit.
B.
Inspections. A final inspection by the Town Building
Department is required before operation of the heating appliance.
All previously installed heating appliances are subject to inspection
by the Town Building Department as set forth by these regulations.
Any inspection undertaken by the Town Building Department shall be
documented by the Department. The occupant/owner of the property shall
be notified and provided a copy of said documentation.
D.
Revocation or suspension of permit. An installation
permit issued under this chapter constitutes a requirement to comply
with all provisions of this chapter and any additional restrictions
deemed necessary by federal, state or local agencies or officials
to protect public health and safety.
(1)
Suspension. The Town Building Department may suspend
a permit issued pursuant to this chapter if it is determined to be
necessary to protect the public health, safety and welfare of the
residents of the Town of Rosendale, including, but not limited to,
the power to suspend a permit until there is a correction of any violation
which causes the operation of a heating appliance that threatens the
health and safety of neighbors and/or neighbors' enjoyment and use
of their property.
(2)
Revocation. A permit may be permanently revoked under
the following conditions, as documented by the Town of Rosendale Building
Department:
(a)
Owner(s) of a heating appliance has/have violated
the provisions of these regulations more than three times;
(b)
There has been a failure to correct a violation
or defect within a reasonable time frame, as specified by the Town
of Rosendale Building Department;
(c)
There has been a failure to pay any levied fine
as set by the local court.
A.
Residential-sized hydronic heater. As of the date
of the adoption of this chapter, no hydronic heater shall be installed
that does not meet Phase II emission standards of the NESCAUM Model
Regulation for Outdoor Hydronic Heaters (January 2007). These standards
require that the outdoor hydronic heater meets a particulate matter
emission limit of 0.32 pounds per million British thermal units (lb/MMBtu)
heat output as well as a limit of 18 grams per hour of particulate
matter over the course of an individual test run, within each of the
burn-rate categories. The model's emissions levels shall be certified
by the U.S. Environmental Protection Agency (EPA) as rated by the
EPA Method 28 OWHH Test Method. The Town Building Department shall
make available to residents, upon request, an up-to-date list of available
models that meet the latest emission standards. This list shall be
drawn from the list of cleaner models certified by, and available
from, the U.S. Environmental Protection Agency.
B.
Commercial-sized hydronic heaters. Commercial-sized
hydronic heaters are prohibited in the Town of Rosendale due to higher
levels of particulate emissions proportionate to their larger sizes.
A.
Residential hydronic heaters installed on or after
the effective date of regulations created by this chapter.
(1)
In accordance with Phase II emissions standards set
forth in the 2007 NESCAUM Model Regulation, residential hydronic heaters
shall not exceed a particulate matter emission limit of 0.32 lb/MMBtu
heat output as well as a limit of 18 grams per hour of particulate
matter over the course of an individual test run, within each of the
bum-rate categories. The model's emissions levels shall be certified
by the U.S. Environmental Protection Agency (EPA) as rated by the
EPA Method 28 OWHH Test Method.
(2)
Hydronic heaters shall be equipped with a permanent
stack extending two feet higher than the peak of any residential or
commercial roof structure, or any structure that is normally occupied
by persons, pets or other animals, located within 150 feet of the
outdoor hydronic heater, unless the stack height exceeds safety standards
set forth in the Town Code. A unit that does not comply with the stack
height requirement shall not be installed because neighbors will be
inadequately protected from the unit's emissions. This provision shall
not apply to the building that the hydronic heater is servicing.
(3)
All hydronic heaters shall be located at least 150
feet from any property line, street or road.
(4)
All units shall be purchased new and installed according
to the provisions of this chapter as well as to manufacturers' guidelines.
In instances in which manufacturers' guidelines conflict with the
provisions of this chapter, the provisions of this chapter supersede
those guidelines.
B.
Residential hydronic heaters installed prior to the
effective date of this chapter.
(1)
Installed outdoor hydronic heaters are required to meet all provisions of these regulations, except for those in § 43-6A.
(2)
Installed hydronic heaters shall be equipped with
a stack that extends two feet higher than the peak of any roof structure
located within 150 feet of the outdoor hydronic heater, only if safety
standards for stack height can be met. If, for reasons of safety,
a stack cannot be elevated to this level, then stack height shall
come as close as possible to this level, provided it meets safety
standards and protects the health of neighbors as well as possible
and reduces the risk of liability for the owner(s) of the hydronic
heater.
(3)
Prior to the completion or consummation of a sale or transfer of any real property on or after the effective date of these regulations, any installed hydronic heater on such transferred property that does not meet the latest emission standards as defined in §§ 43-5 and 43-6A of these regulations shall be replaced, removed or rendered permanently inoperable. If the hydronic heaters do meet the latest emissions standards, then they shall be inspected and shall be required to meet all regulations for newly installed hydronic heaters, including, but not limited to, setbacks, stack height and opacity standards.
(4)
If federal, state or other assistance programs become available to fully offset the costs to owners for transitioning to cleaner-burning technologies, then previously installed units that do not meet emissions standards as set forth in §§ 43-6 and 43-7 shall be replaced, removed or rendered permanently inoperable. A grace period of one year from the date of initiation of such programs shall be provided for removal of underperforming units.
C.
Uninstalled residential hydronic heaters that received a building permit prior to the date of adoption of this chapter. Persons granted a building permit for a hydronic heater that have not ordered and/or purchased the hydronic boiler unit by the date of adoption of this chapter shall be required to meet all provisions of this chapter, including Phase II emissions standards as set forth in §§ 43-5 and 43-6A of this chapter. A copy of the proof of purchase and installation that includes the dates of purchase and installation must be provided to the Town Building Department and a new permit obtained in accordance with § 43-4 of this chapter. Any permit holder shall retain the right to appeal such requirement to meet all provisions through the established protocol, including, but not limited to, the Building Department and the Zoning Board of Appeals.
A.
No person who operates a hydronic heater shall use
a fuel other than the following:
(1)
Clean, dry wood;
(2)
Wood pellets made from clean wood;
(3)
Home heating oil in compliance with the applicable
sulfur content limit or natural gas may be used as starter fuels for
dual-fired hydronic heaters; and
(4)
Other fuels as approved by the manufacturer and the
Town of Rosendale Building Department.
B.
The owners of hydronic heaters shall provide continuous,
sufficient and substantial cover for permitted fuel to ensure the
integrity of the fuel.
A.
Visible emission standard.
(1)
Standard. No person shall cause or allow the emission
of a smoke plume from any heating appliance to exceed an average opacity
of 20% for six consecutive minutes in any one-hour period.
(2)
Exception. The startup period is exempted from the standard in § 43-8A(1), however; visible emissions shall not exceed opacity of 40% for 20 consecutive minutes during the startup period of a new fire. This only includes initial firing of the unit where no coal bed exists. This exception does not apply to refueling.
(3)
Opacity measurement. The Town of Rosendale shall maintain
a list of at least two persons trained and certified by an accredited
smoke school to measure opacity for the purpose of enforcing visible
emissions standards, including the Code Enforcement Officer and any
other persons designated by the Town.
B.
Operating season. No person shall operate a hydronic
heater, with the exception of traditional fuel oil and gas, from April
1 through October 31, unless such operating season is extended after
appeal to the Rosendale Building Department, and only in the case
of proven hardship during an unusually long and severe heating season.
The maximum period for any such extension shall be two weeks prior
to the start of the designated use period herein and/or two weeks
after the end of such designated use period.
C.
Prohibited fuels. No person shall burn any of the
following items in any heating appliance:
(1)
Any wood that does not meet the definition of clean
wood;
(2)
Garbage;
(3)
Tires;
(4)
Lawn clippings or yard waste;
(5)
Materials containing plastic;
(6)
Materials containing rubber;
(7)
Waste petroleum products;
(8)
Paints and paint thinners;
(9)
Chemicals;
(10)
Glossy or colored papers;
(11)
Construction and demolition debris;
(12)
Plywood;
(13)
Particleboard;
(14)
Salt water driftwood;
(15)
Manure;
(16)
Animal carcasses;
(17)
Asphalt products; and
(18)
Any fuels not recommended by the manufacturer.
D.
All heating appliances shall comply with all applicable
laws, including but not limited to local regulations.
E.
Operators shall comply with manufacturers' guidelines
for operation of all heating appliances, except in circumstances in
which those guidelines are superseded by this chapter.
F.
No person shall operate any heating appliance in such a manner as to create a hazard to the health, safety or enjoyment of personal property of any individual. The Town of Rosendale Building Department may enforce this provision in accordance with its general enforcement authority as provided in § 43-10 of this chapter.
A.
Heating appliances. Any heating appliance that has
been unused, abandoned or discontinued for a period of one year shall
be thoroughly inspected by the Town of Rosendale Building Department
and by a certified professional in the field of heating appliances
and shall be fully repaired, refurbished and tested before it may
be approved for use. Any heating appliance that does meet the approval
of both the Town of Rosendale Building Department and the certified
heating appliance professional shall be immediately removed by the
property owner from the subject premises.
B.
Hydronic heaters. If any hydronic heater is unusable,
abandoned or discontinued for a period of one year, or if the Town
of Rosendale Building Department determines that a unit has become
unable to be operated efficiently due to age of equipment or has become
substantially damaged, said unit shall not be allowed to be repaired,
enlarged, restored or rebuilt. In addition, any hydronic heater, upon
meeting the above status, shall be immediately removed by the property
owner from the subject premises.
C.
Failure to remove appliance.
(1)
Notice to remove. If the property owner fails to remove
any unusable heating appliance by the end of the aforesaid one-year
period, the Town of Rosendale Building Department shall serve notice
on the owner to remove the appliance within 30 days of the date of
the said notice. This written notice shall be sent by certified mail
or by personal service to the owner of the property upon which the
appliance is located. Should the appliance not be removed within the
time specified by the Town of Rosendale Building Department, the Town
shall take all reasonable steps to effect its removal in accordance
with the Town's enforcement authority as set forth in New York State
Law.
(2)
Remedies. The costs incurred by the Town to effect
the aforesaid removal (including any attorneys' fees incurred by the
Town to effect the removal) shall be charged to the owner of said
premises. Said expense shall be paid by the owner of the property
so affected within 90 days from the date said costs are presented
to the owner. If said expense is not paid within said 90 days, then
said expense shall be charged to the property so affected by including
such expense in the next annual Town tax levy against the property.
A.
Enforcement. The Town of Rosendale Building Inspector and Code Enforcement Officer or any inspection and/or enforcement official in the Town of Rosendale Building Department are hereby authorized to undertake and prosecute any proceedings necessary or appropriate to inspect, permit and approve the installation and operation of heating appliances and to enforce compliance with these regulations in accordance with the procedures set forth in Chapter 27 of the Rosendale Code.
B.
Penalties and remedies for noncompliance. The owner(s) of premises upon which a violation of this chapter has or is occurring shall be jointly and severally liable for such violation. Any persons who violate any of the provisions of this chapter shall be bound by the regulations set forth in Chapter 27, § 27-15A through D, which describes penalties for offenses. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue, and owner(s) shall be required to correct or remedy such violation or defects within a reasonable time as specified. If such reasonable time is exceeded by the owner(s), each day that a violation occurs shall constitute a separate offense.
Nothing contained herein shall authorize or
allow burning which is prohibited by laws, rules or regulations promulgated
by the United States Environmental Protection Agency, New York State
Department of Environmental Conservation, any other federal, state,
regional or local agency. Heating appliances and any electrical, plumbing
or other apparatus or device used in connection with a heating appliance
shall be installed, operated and maintained in conformity with the
manufacturers' specifications and any and all local, state and federal
codes, laws, rules and regulations.
If any part or provision of this chapter or
the application thereof to any person or circumstance be adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part of the provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
persons or circumstances, and the Town Board of the Town of Rosendale
hereby declares that it would have passed this chapter or the remainder
thereof, had such invalid application or invalid provision been apparent.
All local laws or ordinances, or parts of local
laws or ordinances, which are in conflict with any part of this Chapter,
are hereby repealed.
This chapter, creating hydronic heater and other
heating appliance regulations, shall take effect immediately upon
filing with the office of the New York State Secretary of State.
