[HISTORY: Adopted by the Town Board of the Town of Hamlin 7-13-2009 by L.L. No. 2-2009 (Ch. 59 of the 1987 Code). Amendments noted where applicable.]
Although outdoor furnaces 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. This chapter is intended to ensure that outdoor furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of the Town.
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
- 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.
- 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 furnace without first having obtained a permit from the Town Building Inspector. Application for permit shall be made to the Hamlin Building Inspector on the forms provided.
Any outdoor furnace in existence on the effective date of this chapter 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, however, that upon the effective date of this chapter all the provisions hereof, except § 304-5B, C and D, shall immediately apply to existing outdoor furnaces. All of the provisions of this chapter shall continue to apply to existing outdoor furnaces which receive permits except § 304-5B, C and D. If the owner of an existing outdoor furnace does not receive a permit within one year of the effective date of this chapter, the outdoor furnace shall be removed. "Existing" or "in existence" means that the outdoor furnace is in place on the site.
Permitted fuel. Only firewood and untreated lumber are permitted to be burned in any outdoor furnace. Burning of any and all other materials in an outdoor furnace is prohibited.
Permitted zones. Outdoor furnaces shall be permitted in all zoning districts in the Town of Hamlin with the exception of the R-H District (Residential/High Density) and SC District (Senior Citizen Residential) where outdoor furnaces are prohibited.
Minimum lot size. Outdoor furnaces shall be permitted only on lots of two acres or more.
Setbacks. Outdoor furnaces shall be set back not less than 50 feet from the nearest lot line and not less than 20 feet from the foundation of any residential building.
Spark arrestors. All outdoor furnaces shall be equipped with properly functioning spark arrestors.
A permit issued pursuant to this chapter may be suspended as the Town Building Inspector may determine to be necessary to protect the public health, safety and welfare of the residents of the Town of Hamlin if any of the following conditions occurs:
Malodorous air contaminants from the outdoor furnace are detectable outside the property of the person on whose land the outdoor furnace is located.
The emissions from the outdoor furnace interfere with the reasonable enjoyment of life or property.
The emissions from the outdoor furnace cause damage to vegetation or property.
The emissions from the outdoor furnace are or 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 subject to the penalties provided in § 304-7 hereof.
This chapter shall be enforced by the Code Enforcement Officer, Building Inspector or Fire Marshal of the Town of Hamlin. Said enforcement officers have the right and are hereby given the authority to enter any parcel of property in the Town to examine and inspect any outdoor furnace to determine whether a violation of this chapter exists.
Failure to comply with any of the provisions of this chapter shall be a violation punishable by a fine for the first offense of not more than $250. Any subsequent offense shall be punishable by a fine of not more than $500. In addition, any permit issued pursuant to this chapter shall be revoked upon conviction of a second offense and the subject outdoor furnace shall not be eligible for another permit. 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 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 any electrical, plumbing or other apparatus or device used in connection with an outdoor furnace, 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.