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.
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.