As used in this chapter, the following terms shall have the
meanings indicated:
EPA-APPROVED
An outdoor wood-burning furnace device 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.
FIREWOOD
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush.
OUTDOOR FURNACE/OUTDOOR SOLID FUEL HEATING DEVICE
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 used as a component
of a heating system providing heat for any interior space.
STACK or CHIMNEY
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid fuel fired heating device or structure,
including that part of the structure extending above a roof.
UNTREATED LUMBER
Dry wood which has been milled and dried but which has not
been treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint or other substance.
No person shall cause, allow or maintain the use of an outdoor
furnace within the Town of Rochester without first having obtained
a permit from the Building Inspector/Code Enforcement Officer and
a copy of the regulations from the Town of Rochester. The permit fees
will be established from time to time by the Town Board. Application
for permit shall be made to the Building Inspector/Code Enforcement
Officer on the forms provided.
Any outdoor 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/Code Enforcement Officer within 90 days of such effective date; provided, however, that upon the effective date of this chapter, all provisions hereof, except §
102-5C and
J shall immediately apply to existing outdoor furnaces. All of the provisions of this chapter shall continue to apply to existing outdoor furnaces which receive permits except §
102-5C and
J. If the owner of an existing outdoor furnace does not receive a permit within 90 days of the effective date of this chapter, the outdoor furnace shall be removed. "Existing" or "in existence" means that the outdoor furnace is in place on the site.
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 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 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 furnaces
must conform to all other applicable regulations of the Town's
Zoning.