This chapter shall be referred to as the "Town of Mamakating
Outdoor Furnaces Local Law."
Although outdoor furnaces may provide an economical alternative
to conventional heating systems, concerns have been raised regarding
the safety and environmental impact of these heating devices, particularly
the emission of noxious odors and potential health effects of uncontrolled
emissions, including hazardous smoke, soot, fumes, odors and air pollution
which can deprive neighboring residents of the enjoyment of their
property or premises. This chapter is intended to ensure that outdoor
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:
EPA APPROVED
At the time of the issuance of a permit, an outdoor furnace
shall comply with all Federal, State and United States Environmental
Protection Agency (EPA) emission standards, if any, for such device
as hereinafter enacted or amended.
FIREWOOD
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush.
OUTDOOR FURNACE
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat and/or hot water or energy used
as a component of a heating or plumbing system providing heat and/or
hot water or energy for any interior space.
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.
No person shall cause, allow or maintain the use of an outdoor
furnace within the Town of Mamakating without first having obtained
a permit from the Town Building Inspector. Application for a permit
shall be made to the Building Inspector on the forms provided. A certificate
of compliance must be obtained from the Building Department prior
to the use of any outdoor furnace within the Town of Mamakating.
[Amended 7-17-2012 by L.L. No. 1-2012]
Any outdoor furnace in existence on the effective date of this amendment to this §
69-5 shall be permitted to remain, provided that the owner applies for and receives a permit from the Town Building Inspector within six months of such effective date; provided, however, that upon the effective date of this amendment, all provisions of Chapter
69, except §
69-6C,
D and
E, shall immediately apply to existing outdoor furnaces. If the owner of an existing outdoor furnace does not receive a permit within six months of the effective date of this amendment, the outdoor furnace shall be removed. "Existing" or "in existence" means that the outdoor furnace is in place on the site.
This chapter is not intended and shall not be construed to prohibit
the installation, operation or use of exterior chimneys, stovepipes
or similar devices that are otherwise in conformity with other federal
or state laws, rules or regulations and that constitute any part of
any interior furnace system or interior stove system or operation,
or any system that provides the exhaust of waste heat, smoke or similar
substances from interior spaces.
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. Outdoor furnaces, and any electrical, plumbing or other apparatus or device used in connection with an outdoor 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 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. Outdoor furnaces must conform to all other applicable regulations of the Town's Zoning, Chapter
199.