Town of LaGrange, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of LaGrange as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-14-2011 by L.L. No. 5-2011[1]]
[1]
Editor's Note: This local law was originally adopted as Ch. 35, Art. I, but was renumbered as Ch. 126, Art. I, to allow for placement in Part II of the Code, General Legislation.
A. 
Residents and commercial establishments situated within the Town of LaGrange are entitled to clear air and environmental circumstances free of emitted particulates, smoke, odors, gases, mists, and fumes which injure human, plant or animal life or property, or which unreasonably interfere with the comfortable enjoyment of life or property. Also, such residents and establishments are entitled to an environment free of outdoor storage of wastes, debris and combustible fuels in close proximity.
B. 
This article shall provide standards and limitations for the installation and use of any outdoor furnace or furnace device, the purposes of which are to convert combustible fuel into a heat or energy for distribution to interior building spaces.
C. 
The purpose of this article is to supplement, rather than to supersede or replace, all relevant regulations of this state, and administered by its Department of Environmental Conservation, relating to outdoor furnaces and devices used to provide heat and energy to interiors. The Town shall have concurrent jurisdiction over such matters through this article, and it is the intent that the installation, use and maintenance standards identified in 6 NYCRR Parts 200 and 247 of the Regulations of the Department of Environmental Conservation shall apply and shall not be deemed superseded by this article unless the standards of this article are stricter than the state regulatory standards, it being the intent of this article to provide for concurrent local regulation and enforcement of the subject.
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL-SIZE OUTDOOR WOOD BOILER
A new outdoor wood boiler with a thermal output rating greater than 250,000 British thermal units per hour (Btu/h).
EXTERIOR FURNACE
Any device, contrivance or apparatus, or any part thereof, which is installed, affixed or situated out-of-doors for the primary purpose of the combustion of fuel from which heat or energy is derived and intended to be directed by conduit or other mechanism into any interior building space for the supply of heat or energy.
FURNACE DEVICE, EXTERIOR
Any contrivance, apparatus or part thereof, including a boiler, fire box, exchanger, grate, fuel gun, fuel nozzle, chimney, smoke pipe, exhaust conduit or similar or like devices used in connection with an exterior furnace for the burning of combustible fuels for the creation of heat or energy, and the distribution of heat and energy into an interior building space.
A. 
Standards for the installation of any exterior furnace or furnace device, exterior, in addition to meeting any and all manufacturer's recommended installation requirements, and the installation, use and maintenance standards established by state regulation, shall also comply with the following:
(1) 
Permanent installation upon a nominal six-inch-thick, permanent, reinforced cement pad in such dimensions so as to allow a minimum width of six inches of uncovered and exposed surface area extending inward from the perimeter of all sides of the pad.
(2) 
All exterior furnaces and furnace devices, including but not limited to smokestacks, must comply with the one-hundred-foot setback standards promulgated for outdoor wood boilers at 6 NYCRR 247.5(b) of the regulations of the Department of Environmental Conservation. Smoke Stack height shall meet the standards of 18 feet above ground level established in 6 NYCRR 247.5(c) of the regulations of the Department of Environmental Conservation.
(a) 
An exterior furnace or furnace device must comply with all standards and restrictions set forth within 6 NYCRR Parts 200 and 247 of the regulations of the Department of Environmental Conservation.
(3) 
Installation of any electrical or plumbing apparatus or device used in connection with the operation of an exterior furnace or furnace device shall conform to all applicable electrical and plumbing codes or, in the absence of such relevant code provision, then in conformity with the manufacturer's installation specifications.
(4) 
The installation and use of a commercial-size outdoor wood boiler for a residence or dwelling is prohibited.
B. 
Fuels permitted for combustion in an exterior furnace or furnace device shall be limited those fuels which are identified within 6 NYCRR § 247.4 of the regulations of the Department of Environmental Conservation.
C. 
Fuel substances prohibited for combustion in an exterior furnace installation shall include all fuels or substances prohibited within 6 NYCRR § 247.3 of the regulations of the Department of Environmental Conservation, and including but not limited to industrial waste, rubber, plastic, used motor oil, toxic chemicals, contaminated waste, yard waste, household garbage, cardboard and wastepaper, animal waste
D. 
No exterior furnace or furnace device shall be utilized in any manner as a waste incinerator.
E. 
No exterior furnace or furnace device shall be operated between May 1 and November 1 for any purpose.
F. 
Any resident wishing to install and use an exterior furnace or furnace device must secure a permit from the Building Inspector of the Town of LaGrange. The permit, if issued will allow the permit holder to install and use an exterior furnace or furnace device in accordance with the requirements set forth in this article. The permit fees may be established from time to time by resolution by the Town Board, which fee shall not be less than $250 per unit. No permit shall be issued unless all owners of the subject parcel provide the Town with a recordable covenant to allow the Town's Building Inspector, or other Town Code Enforcement Officer, to enter upon the parcel to inspect the installation, repair, operation or maintenance of an exterior furnace or furnace device in compliance with the standards identified in this article.
The installation, maintenance and use of any exterior furnace or furnace device shall comply with any and all applicable standards established by federal, state or local laws or regulations, and shall be in conformance with the manufacturer's specifications.
This article shall not apply to installation, operation or use of exterior chimneys, stove pipes or similar devices constituting any part of an interior furnace or stove system, or any system that provides for the exhaust of heat, smoke or similar substances from interior spaces exclusively.
A. 
Any resident who has secured a permit to install and operate a device or apparatus regulated by this article, in doing so will also be agreeing to allow the Town Code Enforcement Officer or any other person designated by the Town to inspect the outdoor furnace if a complaint is filed in writing relative to a violation of this article.
(1) 
Any person who has secured a permit to install and operate a device or apparatus regulated by this article, and who is observed by the Town Code Enforcement Officer to operate said device or apparatus in violation of this article, shall be subject to the issuance of a stop order directing suspension of both the permit and the use pending disposition of violations which are issued by the enforcement officer.
B. 
Any person or entity installing, repairing, maintaining or operating an external furnace of furnace device in violation of any standard identified in this article, or violating a stop order issued under Subsection A of this section, shall have committed an offense punishable by a fine not to exceed $500, or imposition of a sentence of imprisonment not to exceed 15 days, or both. Each day's continuing violation shall constitute a separate offense.
C. 
Violations of this article shall, in addition to any fine or imprisonment imposed, be enforceable by actions brought by the Town for injunctive relief, and any person or entity violating the provisions of this article shall be responsible to the Town for any costs of any civil proceedings that may be brought for injunctive relief, including actual disbursements and reasonable attorney'urnacess fees incurred by the Town.