[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.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Only one OWFHH may be installed per lot by lot owner for use in said
lot owner's house.
G.
Minimum lot size shall be 40,000 square feet or more.
H.
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.
I.
An OWFHH shall be operated only from October 15 through April 15.
J.
All of the provisions of this chapter shall apply to all existing
and newly installed OWFHH units.
A.
No fuel shall be used within an OWFHH except for seasoned hardwood.
B.
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.
C.
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.
D.
Spark arresters. All OWFHH shall be equipped with properly functioning
spark arresters.
E.
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.