The Kingsbury Town Board has reviewed various complaints concerning
the operation of residential outdoor furnaces in the Town of Kingsbury
("Town"). The Town perceives that the unregulated use of residential
outdoor furnaces may pose a health risk to the residents within the
Town. The Town Board also has questions as to whether such use creates
a nuisance relative to the smoke emitted from said furnaces. As such,
the Town believes that regulation by local law of such uses is in
the Town's best interest. The Town is concerned with the public
health, safety and welfare in this regard.
As used in this chapter, the following terms shall have the
meanings indicated:
RESIDENTIAL OUTDOOR FURNACE
Any residential 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 or water source.
This chapter is hereby adopted pursuant to the provisions of
§ 10 of the Municipal Home Rule Law.
Where the Town finds that extraordinary hardship will occur
from the enforcement of this chapter, upon application to the Town
Board, said Town Board may vary the regulations contained herein to
afford substantial justice, provided that such variation will not
have the effect of nullifying the intent and purpose of this chapter.