[HISTORY: Adopted by the Board of Trustees of the Village
of Chittenango 2-23-2010 by L.L. No. 1-2010. Amendments noted where
applicable.]
This chapter shall be known as the "Village of Chittenango Outdoor
Wood Boiler Law." It is adopted pursuant to § 10 of the
Municipal Home Rule Law.
A.
With the dramatic fluctuations in the cost associated with fossil
fuels for home heating, commercial and residential property owners
seek alternative methods of heating their real property, using available
wood sources, under the belief that such may provide heat to their
property at lower cost, but in a safe manner. In conjunction with
this effort, manufacturers have produced wood-burning boilers, which
heat water for circulation inside commercial and residential premises,
but which are actually located outside the structure which they heat.
Such are called outdoor wood boilers. The predominate source of material
which is burned is wood products, which are burned within a closed
container. The container is surrounded by water, which then is pumped
from the boiler into the premises. Such boilers require independent
smoke stacks and independent loading outside the premises, for a number
of reasons, including inadequacy of space within the structure, the
cost of installing such appliances within the structure or the facility
and the speed with which such outdoor wood boilers can be installed
versus dramatic modifications of the structure.
B.
Such wood boilers, however, have been found, in various studies,
to produce smoke, in varying amounts, which is not easily dissipated.
Further, such smoke has been shown to contain particulate matter,
carbon monoxide and other pollutants, as such are defined in Part
40 of the Code of Federal Rules and Regulations, Section 60.530 through
Section 60.539(b). Such emissions may dramatically affect the health
of people living in proximity to the boilers and similarly may affect
the appearance of the neighborhoods within which such boilers may
be located. Depending upon the type of materials being burned, the
emissions vary in severity of density of the smoke and pollutants
contained.
C.
A regulated use of outdoor wood boilers, therefore, is considered
to be essential to the health and wellbeing of any person within the
Village who may reside on or near a premises upon which an Outdoor
Wood Boiler may be located and used. It is the purpose of this chapter
to provide a reasonable framework within which owners may consider
whether an Outdoor Wood Boiler is appropriate to their property, while
still assuring a reasonable effort to avoid harmful impact upon the
health and wellbeing of other members of the surrounding area.
D.
While the industry providing such Outdoor Wood Boilers is attempting
to make the same more efficient and/or reduce the emissions that are
byproducts of use of the Outdoor Wood Boilers, the results are not
uniform and the assertions concerning potential economic savings over
long-term use cannot currently be verified. The emplacement and utilization
of Outdoor Wood Boilers, therefore, may not ultimately produce the
types of efficiency and cost savings which might otherwise induce
owners of real property to emplace and use such wood boilers, notwithstanding
the potential for injury to persons and property in the vicinity.
As used in this chapter, the following terms shall have the
meanings indicated:
Chimney, smoke stack, flue duct, or other solid physical
conveyor through which products of combustion or incomplete combustion,
smoke, dust and/or odors are conveyed from a fire source into the
open air.
That item which is present, installed and operable as prescribed
by the manufacturer as of the specified date.
Not being an original component of that which is described.
That property of a substance which affects the sense of smell.
All space outside of buildings, fully enclosed areas and
chimneys.
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 to any interior space.
"Outdoor Wood Boilers" are also called outdoor wood furnaces or hydronic
heaters.
Dry tree trunks and dry wooden branches.
Emission containing particulates from a chimney, stack or
open fire or from the combustion or heating of fuel or refuse.
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 nonintegral substance.
Wood pellets which have been milled and dried but which have
not been treated or combined with any petroleum product, chemical,
preservative, glue, adhesive, stain, paint or other substance.
No person shall commence any work which is part of the installation
or operation of an Outdoor Wood Boiler without first having obtained
a building permit from the Code Enforcement Officer.
A.
Only Outdoor Wood Boilers that are listed and meet the EPA (U.S.
Environmental Protection Agency) Phase I (orange tag) and II (white
tag) emissions limits will be permitted in the Village of Chittenango.
B.
OWB must be installed, operated and maintained per manufacturers'
instructions and specifications.
C.
OWB shall be laboratory-tested and indicate compliance with appropriate
safety standards, such as UL (Underwriters Laboratories) 2523, CAN/CSA
(Canada National Standards/Canadian Standard Association) B366.186
B140.7.2 or ASTM (American Society for Testing and Materials) E251509
standards or other appropriate standards.
D.
All plumbing, electrical and mechanical requirements outside of and
into the residence or principal structure must conform to manufacturers'
instructions and must conform to the requirements of the New York
State Uniform Fire Prevention and Building Code (NYSUFP&BC).
E.
OWB shall be permitted only on lots of three acres or more.
F.
OWB must be located with due consideration to the prevailing wind
direction.
G.
OWB must be located to the rear of the front building line (as defined
in the NYSUFP&BC) of the principal building.
H.
OWB may only be operated from October 1 of one year to April 30 of
the following year.
I.
All OWB shall be equipped with properly functioning spark arrestors,
chimneys and flues.
J.
Only seasoned firewood, untreated lumber and untreated wood pellets
are permitted to be burned in any OWB.
K.
The following are prohibited to be burned in an OWB: trash, plastics,
gasoline, rubber, naphtha, household garbage, materials treated with
petroleum products (particle board, railroad ties and pressure-treated
wood) leaves, paper products and card board.
L.
Lighter fluids, gasoline and chemicals may not be used to start the
OWB.
M.
Yearly maintenance: OWB, chimneys and components shall be inspected
and cleaned each year to keep them in a safe working condition. A
copy of the report of such inspection and cleaning must be provided
to the Village Code Enforcement Officer upon request.
A.
Existing OWBs may continue. Any Outdoor Wood Boiler in existence on the effective date of this chapter shall be permitted to remain in operation, provided that the owners thereof apply for and receive a permit from the Village Code Enforcement Officer within 90 days of the effective date of this chapter; provided, however, that upon the effective date of this chapter, all the provisions hereof, except § 145-5N(1) and (2), shall immediately apply to existing Outdoor Wood Boilers. All of the provisions of this chapter shall continue to apply to existing Outdoor Wood Boilers which receive permits, except the provisions of Subsection N(1) and (2) of § 145-5. If the owner of an existing Outdoor Wood Boiler does not apply for a permit within 90 days of the effective date of this chapter, such shall be a violation of this chapter.
B.
Abandonment/discontinuance. An OWB which has not been used for a
period of 12 consecutive months shall not be permitted to be used
until the OWB and all components are inspected and the inspector has
certified, in writing, that said OWB is suitable for use. An OWB that
is abandoned for a period of 24 months or more must be removed by
the property owner from the premises, if inspection and certification
are not provided to the Code Enforcement Officer within 30 days of
notice by said officer.
Appeals from any administrative action, decision, or direction
of the Code Enforcement Officer (i.e., suspensions, revocations, denial
of permits), or for a variance from the strict application of the
specific requirements of this chapter, shall be made to the Zoning
Board of Appeals.
A.
Inspection upon complaint: Anyone who secures a permit to install
an OWB will be deemed to have agreed to permit the Village Code Enforcement
Office, or any other person designated by the Village, to inspect
the OWB if a complaint of violation of this Chapter is filed in writing.
B.
The Code Enforcement Officer, or other authorized agent of the Village,
shall be entitled to inspect all OWB upon appropriate notice to the
occupant of the premises upon which an OWB is installed, or upon appropriate
notice to the person who has obtained a permit for such OWB. The Code
Enforcement Officer shall have discretion to determine the appropriate
form and timing of notice, depending upon the degree of perceived
harm alleged or evident upon visual observation from public property
or from authorized private property.
C.
The Village of Chittenango may suspend the right to operate an OWB,
if necessary, to protect the public health, safety and welfare of
the residents of the Village of Chittenango. Such suspension may be
imposed if any of the following conditions occur:
(1)
Malodorous emissions eminating from the OWB are detectable outside
the boundaries of property of the person on whose land the OWB is
located; or
(2)
The emissions from the OWB unreasonably interfere with the reasonable
enjoyment of life or property of others; or
(3)
The emissions from the OWB cause demonstrable damage to vegetation
or property; or
(4)
The emissions from the OWB appear to be harmful to humans or animals;
or
(5)
The operation of the OWB results in the dissemination of noxious
smoke, dust or odors into the air; or
E.
Penalties. Failure to comply with this chapter shall be deemed a
violation upon conviction. Punishment for conviction may include a
fine not to exceed $250, or imprisonment for a period of no more than
15 days, or by both fine and imprisonment up to the limits specified.
In addition, if suspension of a permit has been issued, such permit
shall not be reinstated until full compliance with this chapter has
been achieved. In addition to punishment by fines and incarceration
as provided herein, if a second conviction for a violation of this
Chapter occurs within any twenty-four-month period, the permit to
operate an OWB may not be reinstated until at least eight months have
lapsed from the date of suspension or conviction, whichever is earlier.
Upon a third and/or subsequent conviction of the same owner for violations
occurring within any thirty-six-month period, the OWB shall be removed
from the premises at the sole expense of the owner of the premises.
