[HISTORY: Adopted by the Town Board of the Town of Esopus 11-19-2009 by L.L. No. 12-2009. Amendments noted where applicable.]
The purpose of this chapter is to minimize the risk of fire and the hazards of air pollution arising from the use of outdoor wood-fired hydronic heaters and boilers and to prevent such heaters from creating a detriment to the health, safety and welfare of the residents of the Town of Esopus. It is intended that all outdoor wood-fired hydronic heaters and boilers will meet or exceed the U.S. Environmental Protection Agency's voluntary guidelines for maximum particulate levels based upon present standards and guidelines as well as any future guidelines and standards promulgated by the U.S. Environmental Protection Agency.
As used in this chapter, the following terms shall have the meanings indicated:
- Seasoned firewood of a type that has been recommended by the heater & boiler manufacturer, which includes trunks and branches of trees and bushes but does not include leaves, needles, vines or brush, and which is a type that does not produce substantial amounts of creosote.
- OUTDOOR WOOD-FIRED HYDRONIC HEATERS or OUTDOOR WOOD-BURNING BOILERS (HEREINAFTER COLLECTIVELY OWFHH)
- Wood-burning stoves or boilers located outside of a house or structure and intended to heat water that is pumped into the house or structure by a pipe or conduit to heat the house or structure and/or the hot water therein.
- Wood that has been dried for at least six months after the standing tree has been cut.
No person shall construct, maintain, install or operate an OWFHH within the Town of Esopus without first having obtained a permit from the Building Inspector/Code Enforcement Officer of the Town of Esopus. The fee for OWFHH shall be set by the Town Board of the Town of Esopus. Fees must be paid at the time of submission of an application for a permit.
Any OWFHH in existence on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit from the Building Inspector/Code Enforcement Officer within one year of such effective date. Failure to obtain a permit for an existing OWFHH within one year shall be deemed a violation of this chapter.
All OWFHH models must meet the U.S. Environmental Protection Agency's voluntary standards or revised US EPA standards, whichever are more restrictive with respect to particulate emissions.
All OWFHH must be set back a minimum of 10 feet from the house or structure or such additional distance as may be specified by the manufacturer.
All OWFHH must be set back a minimum of 50 feet from any adjoining property line and a minimum of at least 100 feet from any residential or commercial structure on any adjoining property.
The OWFHH must have a chimney which is a minimum of two feet higher than the roof of any house or structure that is not being serviced by the OWFHH which house or structure is within 200 feet of the OWFHH.
No OWFHH shall be used or operated without first having been inspected and approved by the Building Inspector/Code Enforcement Officer of the Town of Esopus.
Only one OWFHH may be installed per lot by lot owner for use in said lot owner's house.
Minimum lot size shall be 40,000 square feet or more.
OWFHH shall be permitted only in the RF-1, RF-2, R-40 Zoning Districts or GC Zoning District more than one acre where the setback requirements can be met, as described above.
An OWFHH shall be operated only from October 15 through April 15.
All of the provisions of this chapter shall apply to all existing and newly installed OWFHH units.
No fuel shall be used within an OWFHH except for seasoned hardwood.
The following fuels are strictly prohibited for use in an OWFHH: painted, treated or coated wood, unseasoned wood, coniferous or soft wood, rubbish and garbage, plastic, rubber, newspaper, cardboard, printing paper and any additional items specifically listed as unacceptable by the manufacturer of the OWFHH.
The owners of OWFHH must provide continuous, sufficient, and substantial cover for permitted fuel to ensure the integrity of the fuel is not jeopardized by being exposed to moisture.
Spark arresters. All OWFHH shall be equipped with properly functioning spark arresters.
The OWFHH must be properly maintained and inspected regularly by the owner as recommended by the manufacturer.
In the event that the Building Inspector/Code Enforcement Officer of the Town of Esopus determines that there has been a violation of this chapter or on OWFHH is creating a public nuisance by reason of smoke, odor, or particulate matter, a notice of violation shall be served on the owner and/or occupant of the premises utilizing the OWFHH. Said notice may be served personally or by certified and regular mail to the owner and/or occupant. In the event that the violation is not corrected within 15 days, the Building Inspector/Code Enforcement Officer shall serve an appearance ticket on the owner and/or occupant personally or by certified and regular mail.
Any person who commits an act in violation of the provisions of this chapter shall be liable for such violation and subject to revocation of the permit and a fine not to exceed $500 or imprisonment for a period not to exceed 15 days, or both. Each day that a violation exists shall be deemed to be a separate violation and subject to the fines and penalties set forth herein.