This local law shall be known as Chapter
101 of the Code of the Town of Moreau and more specifically known as the "Town of Moreau Outdoor Hydronic Heaters Local Law."
Although outdoor hydronic heaters, hereinafter "OHHs" (e.g.,
outdoor woodburning furnaces), provide an alternative to conventional
heating systems, concerns have been raised regarding the safety and
environmental impact of OHHs, particularly the production of offensive
odors and potential health effects from uncontrolled emissions. It
is the purpose and intent of this chapter to ensure that OHHs are
utilized in a manner that does not create a nuisance and is not detrimental
to the public health, safety and welfare of the residents of the Town
of Moreau.
As used in this chapter, the following terms shall have the
meanings indicated:
CLEAN WOOD
Wood that has not been treated with paint, stains or other
types of coatings or chemicals, including but not limited to copper
chromium arsenate, creosote, or pentachlorophenol.
NUISANCE CONDITION
A condition caused through allowing emissions or air contaminants
in the outdoor atmosphere in such a quantity, characteristic or duration
that may be injurious to human, plant or animal life or to property,
or that unreasonably interferes with the comfortable enjoyment of
life or property.
OUTDOOR HYDRONIC HEATER (OHH)
A fuel-burning device designed to burn wood or other approved
solid fuels; that the manufacturer specifies for outdoor installation
or installation in structures not normally occupied by humans (e.g.,
garages); and which heats building space and/or water via the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a water/antifreeze mixture.
PROHIBITED FUELS
Notwithstanding that any of the fuels on the following list
of fuels may be recommended for use by the OHH manufacturer, the following
fuels are expressly prohibited from use in the operation of OHHs:
A.
Any wood that does not meet the definition of clean wood;
D.
Lawn clippings or yard waste;
E.
Materials containing plastic;
F.
Materials containing rubber;
G.
Waste petroleum products;
H.
Paints and paint thinners;
K.
Glossy or colored papers;
L.
Construction and demolition debris;
The use of prohibited fuels, as that term is defined herein, in the operation or use of any OHH is unlawful and shall constitute a violation of this chapter. A violation of this section may result in the revocation of the issued permit pursuant to §
101-7.
Failure to comply with any of the provisions of this chapter
shall constitute a violation of this chapter and, upon conviction
thereof, shall be punishable by a fine of not more than $250 for the
first offense. Any subsequent offense shall be punishable by fine
of not more than $500. Each day that a violation occurs shall constitute
a separate offense. The owner(s) of the premises upon which prohibited
acts occur shall be jointly and severally liable for violations of
this chapter. Any fine imposed hereunder shall constitute a lien upon
the real property where the OHH is located until paid in full.
Nothing contained herein shall authorize or allow burning which
is prohibited by codes, laws, ordinances, rules or regulations promulgated
by the United States Environmental Protection Agency or any other
federal, state, regional or local agency. Outdoor hydronic heaters,
and any electrical, plumbing or other apparatus or device used in
connection with OHHs, shall be installed, operated and maintained
in conformity with the manufacturer's specifications and any
and all federal, state and local codes, laws, ordinances, rules and
regulations. In case of a conflict between any provision of this chapter
and any applicable federal, state or local codes, laws, ordinances,
rules or regulations, the more restrictive or stringent provision
or requirement shall prevail.
Should any section or provision of this chapter be deemed to
be unconstitutional or invalid by a court of law, such decision shall
not affect the validity of this chapter as a whole or any part thereof
other than the part so decided to be unconstitutional or invalid.
This chapter shall take effect upon filing in the office of
the New York State Secretary of State.