Town of Phelps, NY
Ontario County
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[HISTORY: Adopted by the Town Board of the Town of Phelps 10-9-2007 by L.L. No. 2-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Building Code administration — See Ch. 60.
Zoning — See Ch. 145.
A. 
This chapter is adopted pursuant to the authority of Article 2, § 10, of the New York State Municipal Home Rule Law.
B. 
The Town of Phelps Code Enforcement Officer, or any other person who may hereafter be designated by resolution of the Phelps Town Board, is hereby authorized in the name and on behalf of the Town Board to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
A. 
It is generally recognized that the types of fuel used and the scale and duration of burning by outdoor solid-fuel furnaces create noxious and hazardous smoke, soot, dust, fumes, odors and air pollution, which can be detrimental to citizens' health, can deprive neighboring residents of the enjoyment of their property or premises and can create a fire and safety risk to adjacent structures within densely populated areas.
B. 
Therefore, it is the intention of the Town of Phelps Town Board to establish and impose restrictions upon the construction and operation of outdoor solid-fuel furnaces within the limits of the Town of Phelps for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Town of Phelps and its inhabitants.
Although outdoor solid-fuel 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 outdoor solid-fuel 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:
CHIMNEY
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from an outdoor solid-fuel furnace, especially that part of such structures extending above a roof.
FIREWOOD
Trunks and branches of trees and bushes, but does not include leaves, needles and vines or brush smaller than three inches in diameter.
FUEL
Any material used to produce heat or power by burning.
OUTDOOR SOLID-FUEL FURNACE
Any equipment, device, contrivance or apparatus, or any part thereof, which is installed, affixed or situated out-of-doors for the primary purpose of the 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. This includes any equipment, device or apparatus which is UL listed and intended for outdoor use regardless if it is placed in an enclosure such as a shed, barn, residence or any other similar structure.
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.
A. 
All outdoor solid-fuel furnaces installed within the Town limits are required to meet emission standards currently required by the Environmental Protection Agency (EPA). Emission standards currently required by the EPA are hereby adopted by reference together with any amendments or modifications made to them in the future.
B. 
All outdoor solid-fuel furnaces shall be installed, operated and maintained in strict conformance with the manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated hereunder shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.
C. 
The owner/purchaser of an outdoor solid-fuel furnace shall provide the manufacturer's instructions for all devices prior to issuance of a building permit.
D. 
All outdoor solid-fuel furnaces shall be UL listed for the intended use.
E. 
No homemade outdoor solid-fuel furnaces will be allowed.
All outdoor devices shall be installed, operated and maintained pursuant to the following conditions:
A. 
Fuel shall be only natural, untreated, wood, coal, wood products, corn products or other fuels specifically permitted by the manufacturer.
B. 
The following fuels are strictly prohibited:
(1) 
Processed wood products, other than products specifically manufactured for use in outdoor solid-fuel furnaces, and other nonwood products not permitted by manufacturer, garbage, painted or treated wood, tires, rubber, plastics, industrial waste, used motor oil, toxic chemicals, contaminated waste, yard waste, household garbage, cardboard and waste paper, animal waste and any material prohibited for combustion by federal or state statute.
(2) 
Any other items not specifically allowed by the manufacturer or this provision.
C. 
Device location.
(1) 
All outdoor solid-fuel furnaces shall be installed in the rear or side yard.
(2) 
No outdoor solid-fuel furnace shall be installed in the front yard.
(3) 
All outdoor solid-fuel furnaces shall be installed a minimum of 30 feet from the nearest side or real property line.
(4) 
All outdoor solid-fuel furnaces shall be installed a minimum of 100 feet from the nearest inhabited structure not being supplied by said device.
(5) 
All exterior storage of fuel for outdoor solid-fuel furnaces shall be provided in the side or rear yard, and shall be stored in a manner to prevent rodent harborage.
(6) 
All outdoor solid-fuel furnaces will be a minimum of 10 feet from the primary structure being supplied service.
D. 
Chimney height.
(1) 
All outdoor solid-fuel furnaces located between 100 feet and 300 feet of a habitable structure not served by the device shall have a chimney installed which extends a minimum of two feet higher than the peak of the nonserved structure.
(2) 
All outdoor solid-fuel furnaces located more than 300 feet from a habitable structure shall have a chimney installed in accordance with manufacturer's instructions.
E. 
Spark arrestors. All outdoor furnaces shall be equipped with properly functioning spark arrestors.
F. 
Standards for the installation. Any outdoor solid-fuel furnace, in addition to any manufacturer's recommended installation requirements, shall also be required to follow all Town, federal and state laws regarding installation of said devices including the following:
(1) 
Installation upon a nominal four-inch-thick permanent, reinforced cement pad in such dimension so as to allow a minimum of six inches of exposed surface area along the perimeter of the unit.
(2) 
Installation of any electrical or plumbing apparatus or device used in connection with the operation of an exterior furnace shall be in conformity with all applicable electrical and plumbing codes and, in the absence of such code, in conformity with the manufacturer's installation specifications.
(3) 
To the fullest extent required by federal or state statutes, rules and regulations and in accordance with the manufacturer's specifications, the installation, maintenance and use of any outdoor solid-fuel furnace shall be installed, maintained and generated in conformity therewith.
A. 
Any person who shall violate any provision of this chapter shall be guilty of a violation and shall, upon conviction, be subject to a fine of $250 or to imprisonment for not more than 15 days, or both such fine and imprisonment. Each day's continued violation shall constitute a separate and distinct offense.
[Amended 8-10-2015 by L.L. No. 3-2015]
B. 
Compliance with this chapter may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction. Any person who violates any provision of this chapter shall also be subject to a civil penalty of not more than $500, to be recovered by the Town of Phelps in a civil action. Each day's continued violation shall be, for this purpose, a separate and distinct violation.
A. 
Except as hereinafter provided, the lawful use of any outdoor solid-fuel furnaces existing at the time of the adoption of this chapter may be continued, even though such use may or may not conform with the provisions of this chapter.
B. 
Outdoor solid-fuel furnaces existing at the time of the adoption of this chapter shall not be extended or enlarged.