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:
HARDWOOD
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.
SEASONED
Wood that has been dried for at least six months after the
standing tree has been cut.
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.