[HISTORY: Adopted by the Town Board of the Town of Tusten 2-9-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration and enforcement — See Ch. 126.
Zoning — See Ch. 300.
As used in this chapter, the following terms shall have the meanings indicated:
CHIMNEY/STACK
A flue or flues that carry off exhaust from an outdoor wood furnace firebox or burn chamber.[1]
EXISTING OUTDOOR WOOD FURNACE
An outdoor wood furnace that was purchased and installed prior to the effective date of this chapter.
NATURAL WOOD
Wood which has not been painted, varnished or coated with a similar material, has not been pressure-treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
NEW OUTDOOR WOOD FURNACE
An outdoor wood furnace that is first installed, established or constructed after the effective date of this chapter.
OUTDOOR WOOD FURNACE
Any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors and is primarily hand-loaded for the 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. An outdoor wood furnace may also be referred to as an "outdoor wood boiler," "outdoor wood-fired hydronic heater" or "outdoor hydronic heater."
OUTDOOR WOOD-PELLET FURNACE
An outdoor wood-pellet furnace that is specifically designed to burn wood pellet fuel, corn, or other biomass pellets with metered fuel and air feed and controlled combustion engineering, which burns only wood pellets, corn or other biomass pellets.
[1]
Editor's Note: The definitions of "EPA OHH Phase 2 Program," "EPA OHH Phase 2 Program qualified model," "EPA OWHH Phase 1 Program," and "EPA OWHH Phase 1 Program qualified model," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person shall, from the effective date of this chapter, construct, install, establish, operate or maintain an outdoor wood furnace other than in compliance with the applicable sections of this chapter.
B. 
No person shall, from the effective date of this chapter, operate an existing outdoor wood furnace unless such operation conforms with the manufacturer's instructions regarding such operation and the requirements of this chapter regarding fuels that may be burned in an outdoor wood furnace as set forth in § 269-3A and B of this chapter.
C. 
All new outdoor wood furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this chapter. In the event of a conflict, the requirements of this chapter shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.
D. 
The owner of any new outdoor wood furnace shall submit a copy of the manufacturer's owner's manual or installation instructions and a site plan of where the furnace will be located to the Code Enforcement/Building Department for review prior to installation.
E. 
All new outdoor wood furnaces shall be laboratory-tested and listed to appropriate safety standards such as UL, CAN/CSA, ANSI or other applicable safety standards.
F. 
If an existing outdoor wood furnace is, through the course of a proper investigation by local authorities, creating a verifiable nuisance, as defined by local or state law, the following steps may be taken by the owner and the (appropriate department) having jurisdiction:
(1) 
Cease and desist operating the unit until reasonable steps can be taken to ensure that the outdoor wood furnace will not be a nuisance.
(2) 
Modifications made to the unit to eliminate the nuisance, such as extending the chimney/stack, or relocating the outdoor wood furnace, or both.
Outdoor wood furnaces shall be constructed, established, installed, operated and maintained pursuant to the following conditions:
A. 
Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets or other listed fuels specifically permitted by the manufacturer's instructions, such as fuel oil, natural gas or propane backup.
B. 
The following fuels are strictly prohibited in new and existing outdoor wood furnaces:
(1) 
Wood that has been painted, varnished or coated with similar material and/or has been pressure-treated with preservatives and contains resins or glues as in plywood or other composite wood products.
(2) 
Rubbish or garbage, including but not limited to food wastes, food packaging, food wraps.
(3) 
Any plastic materials, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(4) 
Rubber, including tires or other synthetic rubber-like products.
(5) 
Newspaper, cardboard, or any paper with ink or dye products.
(6) 
Any other items not specifically allowed by the manufacturer or this provision or New York State regulations in 6 NYCRR 247.3.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Setbacks for all outdoor wood furnaces that are installed, operated and maintained after the date that this chapter takes effect.
(1) 
The outdoor wood furnace shall be located at least 25 feet from the property line.
(2) 
The outdoor wood furnace shall be located at least 150 feet from the dwelling on the adjoining property.
(3) 
The outdoor wood furnace shall be located on the property in compliance with manufacturer's recommendations and/or testing and listing requirements for clearance to combustible materials.
D. 
Any outdoor wood furnace in existence prior to the adoption of this chapter shall be permitted to remain, provided that the owner registers the device with the Code Enforcement Officer within 60 days of the effective date of this chapter. If the owner of an existing outdoor wood furnace does not register the device with the Code Enforcement Officer within 60 days of the effective date of this chapter, or within 30 days of notification by the Code Enforcement Officer, the outdoor wood furnace shall be removed. Upon registration, the Code Enforcement Officer shall issue to the owner an authorization to operate the existing outdoor wood furnace.
E. 
Outdoor wood furnaces shall not be installed within 500 feet from the occupied building of a hospital, school or nursing home or from the boundary of a municipal park.
F. 
Location.
(1) 
It is recommended that the unit be located with due consideration to the prevailing wind direction.
(2) 
If a furnace is located within 300 feet of any residence not served by the furnace, the chimney/stack shall be at least two feet higher than the peak of that residence.
G. 
Outdoor wood-pellet furnaces that are specifically designed to burn wood pellet fuel, corn, or other biomass pellets with metered fuel and air feed and controlled combustion engineering shall be installed per the manufacturer's recommendations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Appeals from any actions, decisions, or rulings of the Code Enforcement Officer or for a variance from the strict application of the specific requirements in § 269-2 or 269-3 of this chapter may be made to the Town Zoning Board of Appeals. Requests for all appeals shall be made in writing to the Zoning Board of Appeals not later than 30 days from the act, decision, or ruling from which relief is sought.
A. 
Appeals fees. Appeals fees shall be established by Town Board resolution.
B. 
Public hearing. Within 60 days after receiving the written request, the Zoning Board of Appeals shall hold a public hearing on the appeal, with prior notice published in a newspaper of general circulation in the Town at least five days but no more than 15 days before the date of the hearing and specifying the date, place, time, and purpose of the hearing.
C. 
Decision of Zoning Board of Appeals. Within 60 days of the final adjournment of a public hearing, the Zoning Board of Appeals shall affirm, modify, or deny the action, decision, or ruling of the Code Enforcement Officer or correct any omission by the inspector, or approve, approve with conditions, or disapprove the application. The decision of the Zoning Board of Appeals shall be in writing and shall contain findings and the factual basis for each finding from the record of the hearing which shall support the decision of the Zoning Board of Appeals. As part of any decision, the Zoning Board of Appeals shall direct the officer to issue any appropriate permit in conformity with its ruling and shall state a time by which such permit shall be issued, in conformity with this chapter.
D. 
Criteria for variances. In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the neighborhood or community by such grant. In making such determination the Board shall also consider:
(1) 
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance;
(2) 
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance;
(3) 
Whether the requested variance is substantial;
(4) 
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily preclude the granting of the variance.
Any person who shall violate any provision of this chapter shall be fined not more than $200, if the violation is not corrected within 30 days. Each week's continued violation shall constitute a separate and distinct offense.
Compliance with this chapter may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction. Any person who violates any provision of this chapter shall also be subject to a civil penalty of not more than $200, to be recovered by the Town in a civil action, and each week's continued violation shall be for this purpose a separate and distinct violation. In the event the Town is required to take legal action to enforce this chapter, the violator may be responsible for any and all necessary costs relative thereto, including attorneys' fees, and such expense shall be charged to the property so affected by including such expense in the next annual tax levy against the property.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any outdoor wood furnace existing or permitted in the Town shall also comply with all provisions of state law, including the New York State Uniform Fire Prevention and Building Code and Department of Environmental Conservation regulations at 6 NYCRR 247.