[HISTORY: Adopted by the Town Board of the Town of Tusten 2-9-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A flue or flues that carry off exhaust from an outdoor wood
furnace firebox or burn chamber.[1]
An outdoor wood furnace that was purchased and installed
prior to the effective date of this chapter.
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.
An outdoor wood furnace that is first installed, established
or constructed after the effective date of this chapter.
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."
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OWHH Phase 1 Program," and "EPA OWHH Phase 1 Program qualified model," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art.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:
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.
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.
