[HISTORY: Adopted by the Town Board of the Town of Mount Hope 10-27-2008 by L.L. No. 3-2008. Amendments noted where applicable.]
This chapter shall be referred to as the "Town of Mount Hope Outdoor Wood-Burning Boilers/Furnaces Local Law."
Although outdoor wood-burning boilers/furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impact of these heating devices, particularly the emission of offensive odors and potential health effects of uncontrolled emissions. This chapter is intended to ensure that outdoor wood-burning boilers/furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of the Town.
As used in this chapter, the following terms shall have the meanings indicated:
- Trunks and branches of trees and bushes but does not include leaves, needles, vines or brush smaller than three inches in diameter, that have been allowed to season.
- OUTDOOR WOOD-BURNING BOILER/FURNACE
- 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, and uses water or any liquid medium to transfer heat used as a component of a heating system providing heat for any interior space.
- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY APPROVED
- An outdoor wood-burning boiler/furnace that has been tested and demonstrated to meet current United States Environmental Protection Agency (EPA) emission standards for such device and has received certification of approval from EPA.
- UNTREATED LUMBER
- Dry wood which has been milled and dried but which has not been treated, or combined with any petroleum products, chemical, preservative, glue, adhesive, stain, paint or other substance.
No person shall cause, allow or maintain the use of an outdoor wood-burning boiler/furnace within the Town of Mount Hope without first having obtained a permit from the Town of Mount Hope Building Department upon the form prescribed by the Town of Mount Hope Building Department and the payment of an application fee in an amount authorized by resolution of the Town Board of the Town of Mount Hope. No person shall utilize an outdoor wood-burning boiler/furnace within the Town of Mount Hope without having obtained a certificate of compliance from the Town of Mount Hope Building Department.
The use of outdoor wood-burning boilers/furnaces shall be prohibited between the period of June 1 through and including August 31 of each year.
Any outdoor wood-burning boiler/furnace in existence on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit from the Town Building Inspector within one year of such effective date; and further provided, however, that upon the effective date of this chapter, all provisions hereof shall immediately apply to existing outdoor wood-burning boilers/furnaces except § 128-7C, D and G hereinbelow. All of the provisions of this chapter shall continue to apply to existing outdoor wood-burning boilers/furnaces which receive permits except § 128-7C, D and G hereinbelow. If the owner of an existing outdoor wood-burning boiler/furnace does not receive a permit within one year of the effective date of this chapter, the outdoor wood-burning boiler/furnace shall be removed. "Existing" or "in existence" means that the outdoor wood-burning boiler/furnace is in place on the site.
Any preexisting outdoor wood-burning boiler/furnace which has not been utilized for a period of one year or more after the effective date of this chapter shall be deemed abandoned and shall not be permitted to be operated without full compliance with all of the provisions of this chapter, including, but not limited to, §§ 128-4 and 128-7 as set forth herein.
Should any preexisting outdoor wood-burning boiler/furnace be replaced, destroyed, substantially damaged or abandoned after the effective date of this chapter, then, and in that event, any proposed replacement or new outdoor wood-burning boiler/furnace shall meet all requirements of this chapter.
Permitted fuel. Only firewood and untreated lumber or any other fuel that is approved by the manufacturer or the outdoor wood-burning boiler/furnace (such as corn) are permitted to be burned in outdoor wood-burning boiler/furnace. Burning any and all other materials in an outdoor wood-burning boiler/furnace is prohibited.
Permitted zones. Outdoor wood-burning boilers/furnaces shall be permitted in any zone.
Minimum lot size. Outdoor wood-burning boilers/furnaces shall be permitted only on lots of two acres or more.
Outdoor wood-burning boilers/furnaces shall be set back not less than 100 feet from the property line and shall not be located in the front of the lot or less than 25 feet from the structure to be heated.
Outdoor wood-burning boilers/furnaces shall not be located in the front of any lot nor closer to the front lot line than the principal residence structure located thereon.
Spark arresters. All outdoor wood-burning boilers/furnaces shall be fitted with properly functioning spark arresters which have been approved by the manufacturer of the equipment.
Chimney height. If an outdoor wood-burning boiler/furnace is located within 200 feet from a neighboring dwelling, the chimney height shall be at least as high in elevation as the roofline of the neighboring dwelling. Under no circumstances shall the chimney be higher than 30 feet. Special care shall be taken to ensure the structural integrity of any chimney.
Outdoor wood-burning boilers/furnaces must be United States Environmental Protection Agency approved.
No more than one outdoor furnace shall be permitted on a lot.
A permit issued pursuant to this chapter may be suspended as the Building Inspector may determine to be necessary to protect the public health, safety and welfare of the residents of the Town of Mount Hope if any of the following conditions occurs:
Emissions from the outdoor wood-burning boiler/furnace exhibit greater than 20% opacity (six-minute average), except for one continuous six-minute period per hour of not more than 27% opacity, which shall be determined as provided in 6 NYCRR 227-1.3(b);
Malodorous air contaminants from the outdoor wood-burning boiler/furnace are detectable outside the property of the person on whose land the outdoor wood-burning boiler/furnace is located;
The emissions from the outdoor wood-burning boiler/furnace interfere with the reasonable enjoyment of life or property;
The emissions from the outdoor wood-burning boiler/furnace cause damage to vegetation or property;
The emissions from the outdoor wood-burning boiler/furnace are or may be harmful to human or animal health;
Prohibited fuels are burned; or
The outdoor wood-burning boiler/furnace is not maintained in proper working order and/or the same has been modified so that it no longer conforms with United States Environmental Protection Agency standards or approval.
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurance is given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this chapter subject to the penalties provided in § 128-9 hereof.
Violations. A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $500 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts, provisions of law relating to misdemeanors shall apply to such violations. Each day's continued violation shall constitute a separate additional violation. The owners or occupants of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this chapter. Any fine imposed hereunder shall, until paid, constitute a lien upon the real property where the outdoor wood-burning boiler/furnace is located.
Appropriate Town actions. In case any outdoor wood-burning boiler/furnace is erected, constructed, altered, converted or maintained or any outdoor wood-burning boiler/furnace is used in violation of this chapter or of any local law or other regulation made under authority conferred thereby, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use of an outdoor wood-burning boiler/furnace(s) to restrain, correct or abate such violation; to prevent the use of an outdoor wood-burning boiler/furnace(s); or to prevent any illegal act, conduct, business or use, in or about such outdoor wood-burning boiler/furnace(s).
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 or any other federal, state, regional or local agency. Outdoor wood-burning boilers/furnaces, and any electrical, plumbing or other apparatus or device used in connection with an outdoor wood-burning boiler/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 provision of this chapter and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail. Outdoor wood-burning boilers/furnaces must conform to all other applicable regulations of the Town's Local Zoning Laws.