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 health, safety and general welfare of the
residents of the Town.
This chapter applies to outdoor wood-burning furnaces. Sections
212-7 and
212-8 apply specifically to new outdoor wood-burning furnaces. All other sections in this chapter apply generally to all outdoor wood-burning furnaces.
As used in this chapter, the following terms shall have the
meanings indicated:
AGRICULTURAL LAND
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices that contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a commercial horse-boarding
operation and timber processing. Such farm operation may consist of
one or more parcels of owned or rented land, which parcels may be
contiguous or noncontiguous to each other.
CLEAN WOOD
Wood that has not been painted, stained, or treated with
any other coatings, glues or preservatives, including, but not limited
to, chromated copper arsenate, creosote, alkaline copper quaternary,
copper azole or pentachlorophenol.
COMMENCE OPERATION
The initial startup of the combustion chamber of a new outdoor
wood-burning furnace after all piping and electrical connections between
the new outdoor wood-burning furnace and the structure(s) it serves
have been completed.
ENFORCEMENT OFFICER
The Town Building Inspector and any other person the Town
Board may designate by resolution as an enforcement officer for purposes
of this chapter.
MANUFACTURER
Any person who makes or produces a new outdoor wood-burning
furnace that is ultimately operated in New York.
MODEL
All new outdoor wood-burning furnaces that must be modified
by a single manufacturer and that are similar in all material and
design respects.
OUTDOOR WOOD-BURNING FURNACE
A fuel-burning device that is designed to burn wood or other
fuels, is specified by the manufacturer for outdoor installation or
installation in structures not normally occupied by humans, and is
used to heat building space and/or water via the distribution, typically
through pipes, of a gas or liquid (e.g., water or water/antifreeze
mixture) heated in the device.
PERSON
Any individual, firm, association, corporation, partnership,
trust, estate, legal representative, company, foundation or fund,
charitable organization, or other entity owning or occupying real
property within the Town.
TEST METHOD 28 OWHH
EPA Test Method 28 OWHH for Measurement of Particulate Emissions
and Heating Efficiency of Outdoor Wood-Fired Hydronic Heating Appliances,
Attachment 2 of the EPA Outdoor Wood-fired Hydronic Heater Program
Phase I Partnership Agreement dated March 16, 2007. (See Chapter III,
§ 200.9, Table 1, of the DEC Regulations.)
THERMAL OUTPUT RATING
The heat value in Btu/h that a manufacturer specifies a particular
model of new outdoor wood boiler is capable of supplying at its design
capacity.
No person shall operate an outdoor wood-burning furnace that
does not meet the requirements set forth in this section:
A. Building permit. No person shall cause, allow or maintain the use
of an outdoor wood-burning furnace within the Town of Pawling without
first having obtained a permit from the Building Inspector. Application
for permit shall be made to the Building Inspector on the forms provided.
Owners of outdoor wood boilers in existence at the time this chapter
went into effect must contact the Building Inspector to obtain a permit
within one year of the effective date of this chapter.
B. Months of operation. Outdoor wood-burning furnaces are subject to
a no-burn period between May 31 and September 1. Outdoor wood-burning
furnaces may not be used or otherwise operated during that no-burn
period.
C. Spark arrestor. All outdoor wood-burning furnaces must be equipped
with a properly functioning spark arrestor as per manufacturer recommendations.
D. Manufacturer's specifications. All outdoor wood boilers must
be in strict compliance with the manufacturer's specifications
pertaining to construction, installation, use, operation, and maintenance.
In the event of a conflict between the manufacturer's specifications
and the requirements of this chapter, the more restrictive standard
shall control.
E. Locations. Outdoor wood-burning furnaces shall be permitted only
in R-1 or larger zoning districts as shown on the Town's Zoning
Map, provided the parcel is at least one acre. Outdoor wood-burning
furnaces are not allowed in the HA Hamlet Zoning District.
F. Minimum lot size. Outdoor wood-burning furnaces shall be permitted
only on lots of one acre or more.
G. Prohibited fuels. No person shall burn any of the following items
in an outdoor wood-burning furnace:
(1) Wood that does not meet the definition of "clean wood";
(5) Yard waste, including lawn clippings;
(6) Materials containing plastic;
(7) Materials containing rubber;
(8) Waste petroleum products;
(9) Paints or paint thinners;
(10)
Household or laboratory chemicals;
(13)
Construction and demolition debris;
(22)
Any other fuel that is not recognized as an approved fuel pursuant to §
212-6 of this chapter.
H. Emissions.
(1) No person shall cause or allow emissions of air contaminants from
an outdoor wood-burning furnace to the outdoor atmosphere of a quantity,
characteristic or duration which is injurious to human, plant or animal
life or to property, or which unreasonably interferes with the comfortable
enjoyment of life or property. This prohibition applies, but is not
limited to, the following conditions:
(a)
Activating smoke detectors in neighboring structures;
(b)
Impairing visibility on a public highway; or
(c)
Causing a visible plume migrating from an outdoor wood boiler
and contacting a building on an adjacent property.
(2) The prohibition further applies to any particulate, fume, gas, mist,
odor, smoke, vapor, toxic or deleterious emission, either alone or
in combination with others, emitted from an outdoor wood-burning furnace
that results in the conditions or circumstances listed in this subdivision
notwithstanding the existence of specific air quality standards or
emission limits.
I. Smoke plume. No person shall operate an outdoor wood-burning furnace
in such a manner as to create a smoke plume with an opacity of 20%
or greater (six-minute mean), as determined using EPA Reference Method
9 (or equivalent). (See Chapter III, § 200.9, Table 1, of
the DEC Regulations.)
Failure to comply with any of the provisions of this chapter
shall be a violation and, upon conviction thereof, shall be punishable
by a fine of not less than $500 or imprisonment for a period of not
more than 10 days, or both, for the first offense. Any subsequent
offense shall be punishable by a fine not less than $1,000 or imprisonment
for a period of not more than 30 days, or both. 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. Each day that a violation occurs shall constitute
a separate offense. 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, and/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 conflict
between any provisions of this chapter and any applicable federal,
state or local ordinances, codes, laws, rules and regulations, the
more restrictive or stringent provisions or requirements shall prevail.