[HISTORY: Adopted by the Town Board of the Town of Phelps 10-9-2007 by L.L. No.
2-2007. Amendments noted where applicable.]
A.Â
This chapter is adopted pursuant to the authority of Article 2, § 10,
of the New York State Municipal Home Rule Law.
B.Â
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.Â
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.Â
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:
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.
Trunks and branches of trees and bushes, but does not include
leaves, needles and vines or brush smaller than three inches in diameter.
Any material used to produce heat or power by burning.
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.
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.Â
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.Â
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.Â
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.Â
All outdoor solid-fuel furnaces shall be UL listed for the intended
use.
E.Â
No homemade outdoor solid-fuel furnaces will be allowed.
All outdoor devices shall be installed, operated and maintained
pursuant to the following conditions:
A.Â
Fuel shall be only natural, untreated, wood, coal, wood products,
corn products or other fuels specifically permitted by the manufacturer.
B.Â
The following fuels are strictly prohibited:
(1)Â
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)Â
Any other items not specifically allowed by the manufacturer or this
provision.
C.Â
Device location.
(1)Â
All outdoor solid-fuel furnaces shall be installed in the rear or
side yard.
(2)Â
No outdoor solid-fuel furnace shall be installed in the front yard.
(3)Â
All outdoor solid-fuel furnaces shall be installed a minimum of 30
feet from the nearest side or real property line.
(4)Â
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)Â
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)Â
All outdoor solid-fuel furnaces will be a minimum of 10 feet from
the primary structure being supplied service.
D.Â
Chimney height.
(1)Â
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)Â
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.Â
Spark arrestors. All outdoor furnaces shall be equipped with properly
functioning spark arrestors.
F.Â
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)Â
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)Â
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)Â
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.Â
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.Â
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.Â
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.Â
Outdoor solid-fuel furnaces existing at the time of the adoption
of this chapter shall not be extended or enlarged.