[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]]
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apply and shall not be deemed superseded by this article unless the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:
A new outdoor wood boiler with a thermal output rating greater
than 250,000 British thermal units per hour (Btu/h).
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.
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.
