Town of Niskayuna, NY
Schenectady County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Niskayuna 8-31-2010 by L.L. No. 6-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 105.
Open fires — See Ch. 107.
Use prohibited. Outdoor furnaces and outdoor woodburning boilers are prohibited and shall not be installed or operated within the Town of Niskayuna except in compliance with this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
OUTDOOR FURNACE
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, swimming pool or hot tub.
OUTDOOR WOODBURNING BOILERS
A wood-fired boiler, surrounded by a water jacket, in a freestanding structure with a smokestack used to heat water that is carried by piping to provide heat and/or hot water to a building.
A. 
Effective October 1, 2011, all existing outdoor woodburning furnaces and boilers shall comply with the following conditions:
(1) 
Be equipped with a permanent stack extending a minimum of two feet above the peak of any roof structure located within 150 feet of the outdoor woodburning furnace or boiler and no less than 18 feet above ground level, and
(2) 
Only be operated between October 1st and May 14th of each year.
B. 
Phase out of existing outdoor wood burning furnaces and boilers.
(1) 
An existing outdoor woodburning furnace or boiler that commenced operation prior to September 1, 2005 must be replaced with a new outdoor woodburning furnace or boiler meeting the requirement of this section or must be permanently removed from service no later than August 31, 2015.
(2) 
An existing outdoor woodburning furnace or boiler that commenced operation between September 1, 2005 and April 14, 2011 must be replaced with a new outdoor woodburning furnace or boiler meeting the requirements of this section or must be permanently removed from service within ten years of the commencement-of-operation date but not later than August 31, 2020.
(3) 
In the event that an owner of an existing outdoor woodburning furnace or boiler cannot provide sufficient documentation to the satisfaction of the Town of Niskayuna Building Department, regarding the commencement-of-operation date of their existing outdoor woodburning furnace or boiler, such owner must replace the existing outdoor woodburning furnace or boiler with a new outdoor woodburning furnace or boiler meeting the requirements of this section or must permanently remove the existing outdoor woodburning furnace or boiler from service no later than August 31, 2015.
(4) 
Notwithstanding the provisions set forth above, the Town of Niskayuna may require the removal of an existing outdoor woodburning furnace or boiler which is subject to an enforcement action in accordance with applicable law.
C. 
No person shall operate an existing outdoor woodburning furnace or boiler in the Town of Niskayuna between May 15 and September 30 of each year.
Failure to comply with any of the provisions of this chapter shall be a violation and, upon conviction thereof, shall be punishable by a fine of not more than $500 per day or imprisonment for a period of not more than 10 days, or both. Each day that a violation occurs shall constitute a separate offense. The owners of 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 outdoor furnace is located until paid.
Nothing contained herein shall authorize or allow the installation, location, operation or maintenance of an outdoor woodburning furnace or boiler which is prohibited by laws, rules or regulations by the New York State Department of Environmental Conservation, the United States Environmental Protection Agency, and any other federal, state, county or local agency.