[HISTORY: Adopted by the Common Council of the City of Fulton 1-6-2009 by L.L. No. 1-2009 (Ch. 84 of the 1991 Code). Amendments noted where applicable.]
This chapter shall be known as "A Local Law to Regulate Outdoor Furnaces and Boilers in the City of Fulton."
The Common Council of the City of Fulton finds that although outdoor furnaces or boilers may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and potential health effects of uncontrolled emissions. It is generally recognized that the types of fuel used and the scale and duration of burning by outdoor furnaces or boilers create noxious and hazardous smoke, soot, fumes, odors and air pollution, can be detrimental to citizens' health, and can deprive neighboring residents of the enjoyment of their property or premises. Therefore, with the adoption of this chapter, it is the intention of the Common Council to establish and impose restrictions upon the construction or installation and operation of outdoor furnaces and boilers within the City of Fulton for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the City and its residents.
The provisions of this chapter shall apply to the installation of all outdoor furnaces and boilers within the City of Fulton. The provisions of this chapter shall apply in addition to the provisions of any other local, state, or federal law or regulation.
As used in this chapter, the following terms shall have the meanings indicated:
- Trunks and branches of trees and bushes, but does not include leaves, needles, vines or brush smaller than three inches in diameter.
- OUTDOOR FURNACE/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 individual and, where appropriate, a public or private corporation, an unincorporated group or association, a partnership, a government or a governmental instrumentality.
- 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.
The new installation of outdoor furnaces and boilers is expressly prohibited within the City of Fulton.
The use of outdoor furnaces and boilers is expressly prohibited within the City of Fulton, except those that were existing, or in existence, prior to the adoption of this chapter.
The lawful use of any outdoor furnace or boiler existing, or in existence, at the time of the adoption of this chapter may be continued and will be deemed a preexisting, nonconforming use.
No person shall maintain the use of a preexisting, nonconforming outdoor furnace or boiler within the City of Fulton without obtaining a permit from the Bureau of Code Enforcement. Application for a permit shall be made to the Bureau on the forms provided.
Any outdoor furnace or boiler existing, or in existence, prior to the adoption of this chapter shall be permitted to remain as a nonconforming use, provided that:
All of the provisions of this chapter shall continue to apply to existing outdoor furnaces and boilers which receive permits.
If the owner of an existing outdoor furnace or boiler does not receive a permit within six months of the effective date of this chapter, the outdoor furnace or boiler shall be removed.
No outdoor furnaces or boilers existing at the time of the adoption of this chapter shall thereafter be extended or enlarged.
Any existing outdoor furnace or boiler which is abandoned or the use of which has been discontinued for a period of seven consecutive months shall not be permitted to be reestablished as a nonconforming use and must be immediately removed by the property owner from the subject property.
"Existing" or "in existence" means that the outdoor furnace or boiler is in place on the site, is installed according to manufacturer's instructions, and has not been abandoned or its use discontinued for seven consecutive months.
Permitted fuel. Only firewood and untreated lumber are permitted to be burned in any outdoor furnace or boiler. Burning of any and all other materials in an outdoor furnace or boiler is expressly prohibited.
Months of operation. Outdoor furnaces or boilers shall be operated only between October 1 and May 31.
Spark arresters. All outdoor furnaces or boilers shall be equipped with properly functioning spark arresters.
A permit issued pursuant to this chapter may be suspended as the Bureau of Code Enforcement may determine to be necessary to protect the public health, safety and welfare of the residents of the City of Fulton if any of the following conditions occur:
Emissions from the outdoor furnace or boiler exhibit greater than 20% opacity (six-minute average), except for one continuous six-minute period per hour of not more than 27% opacity, which shall be determined as provided in 6 NYCRR 227-1.3(b);
Malodorous air contaminants from the outdoor furnace or boiler are detectable outside the property of the person on whose land the outdoor furnace or boiler is located;
The emissions from the outdoor furnace or boiler interfere with the reasonable enjoyment of life or property;
The emissions from the outdoor furnace or boiler cause damage to vegetation or property; or
The emissions from the outdoor furnace or boiler may be harmful to human or animal health.
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this chapter and subject to the penalties provided in § 356-11 hereof.
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 $500 or imprisonment for a period of not more than 10 days, or both, for the first offense. Any subsequent offense shall be punishable by a fine of $1,000 or imprisonment for a period of not more than 15 days, or both. In addition, any permit issued pursuant to this chapter shall be revoked upon conviction of a second offense, and the subject outdoor furnace or boiler shall not be eligible for another permit. 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 on which the outdoor furnace or boiler is located until paid.
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 furnaces and boilers, and any electrical, plumbing or other apparatus or device used in connection with an outdoor furnace or 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 a conflict between any provision of this chapter and any applicable federal, state or local ordinances, codes, laws, rules, or regulations, the more restrictive or stringent provision or requirement shall prevail.
The City and its agents, officials, and representatives shall not, under any circumstances, be liable or responsible for damages caused to any person or property by reason of the provisions of this chapter.
No officer, agent or employee of the City shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this chapter.