This article shall be known and cited as the
"Heating Stove and Fireplace Ordinance" of the Town of Wawayanda.
Pursuant to the authority conferred by the Town
Law in the State of New York, and in order to promote the health,
safety and general welfare of the inhabitants of the Town of Wawayanda,
this article is hereby enacted to encourage the proper and safe installation
of heating stoves and fireplaces.
Any person, firm or corporation, all hereinafter "the applicant," seeking to install or to have installed a heating stove or fireplace fueled by wood, coal or kerosene in any building, as the same is defined by Chapter
195, Zoning, of the Town of Wawayanda, shall comply with the provisions of this article.
There will be no fees of any type, kind or nature
charged to or collected from the applicant for the issuance of any
permits or inspections made by the Building Inspector pursuant to
the provisions of this article.
Notwithstanding the issuance of any permits
pursuant to this article, should a fire occur in a building where
a heating stove or fireplace has been installed, the Town of Wawayanda
shall not be in any way liable for any loss of life or injury to persons
or property resulting therefrom.
[Amended 4-8-1993 by L.L. No. 2-1993]
Any person violating any provisions of this
article shall be punished by fines not exceeding $250 or imprisonment
not exceeding 15 days, or both.
[Adopted 5-21-2013 by L.L. No. 1-2013]
As used in this article, the following terms shall have the
meanings indicated:
EPA APPROVED
An outdoor wood-burning wood boiler device that has been
tested and demonstrated to meet current United States Environmental
Protection Agency (EPA) emission standards for such device and has
received certification of approval from EPA.
FIREWOOD
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush.
OUTDOOR WOOD BOILER
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space. An outdoor
wood boiler may also be referred to as an outdoor wood furnace, or
an outdoor furnace, or an outdoor wood-burning boiler.
UNTREATED LUMBER
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.
No person shall cause, allow or maintain the use of an outdoor
wood boiler within the Town of Wawayanda without first having obtained
a permit from the Town Building Inspector. Application for a permit
shall be made to the Building Inspector on the forms provided.
The use of outdoor wood boilers shall be prohibited between
the period of May 1 through and including September 30 of each year.
Any outdoor wood furnace or wood boiler in existence on the effective date of this article shall be permitted to remain, provided that the owner applies for and receives a permit from the Town Building Inspector within one year of such effective date; provided further, however, that upon the effective date of this article, all provisions hereof, except §
100-12B and
C, shall immediately apply to existing outdoor wood furnaces or boilers. All of the provisions of this article shall continue to apply to existing outdoor furnaces or boilers which receive permits except §
100-12B,
C and
D. If the owner of an existing outdoor wood furnace or boiler does not receive a permit within one year of the effective date of this article, the outdoor wood furnace or boiler shall be removed. "Existing" or "in existence" means that the outdoor wood furnace or boiler is in place on the site. "Effective date" means the date the local law from which this Article
II of Chapter
100 is derived was filed with the Secretary of State.
Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, New York State Department of Environmental Conservation or any other federal, state, regional or local agency. Outdoor boilers, and any electrical, plumbing or other apparatus or device used in connection with an outdoor wood boiler shall be installed, operated and maintained in conformity with the manufacturer's specifications and any and all local, state and federal codes, laws, rules and regulations. In case of conflict between any provision of this article and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail. Outdoor wood boilers must conform to all other applicable regulations of the Town's Zoning Law, Chapter
195 of the Code of the Town of Wawayanda.