[HISTORY: Adopted by the Town Board of the Town of Rochester 10-28-2010 by L.L. No. 3-2010. Amendments noted where applicable.]
A.
Although outdoor 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 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.
B.
It is very strongly recommended that residents interested in purchasing
and installing an outside furnace check with the Code Enforcement
Officer before actually purchasing and installing a new system in
order to avoid unnecessary expenses.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush.
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.
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.
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.
A.
Permitted fuel. Only firewood, untreated lumber, and solid fuels
as prescribed by the manufacturer are permitted to be burned in any
outdoor furnace. Burning of any and all other materials in an outdoor
furnace is prohibited.
C.
Minimum lot size. Outdoor furnaces shall be permitted only on lots
of one acre or more.
D.
Setbacks. Outdoor furnaces shall be set back not less than 75 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. The distance
of the setback from a structure to be heated used for agricultural
purposes in an agricultural district do not apply.
E.
All outdoor furnaces shall be equipped with properly functioning
spark arrestors or chimney caps as recommended by the manufacturer.
F.
Chimney height and location.
(1)
If located 50 feet or less to any residence not served by the furnace,
the stack must be at least two feet higher than the eave line of that
residence.
(2)
If located more than 50 feet but no more than 100 feet to any residence
not served by the furnace, the stack must be at least 75% of the height
of the eave line of that residence, plus an additional five feet.
(3)
If located more than 100 feet but no more than 150 feet to any residence
not served by the furnace, the stack must be at least 50% of the eave
line of that residence, plus an additional five feet.
(4)
If located more than 150 feet but no more than 200 feet to any residence
not served by the furnace, the stack must be at least 25% of the height
of the eave line of that residence, plus an additional five feet.
(5)
Notwithstanding, § 102-5F(1) through (4) herein, the Building Inspector/Code Enforcement Officer upon inspection of any outdoor furnace may alter the appropriate chimney/stack height for an individual furnace, if circumstances dictate that such alteration is necessary in the interest of public safety.
G.
The minimum stack height for any solid fuel-fired heating device
shall meet or exceed the manufacturer's guidelines.
H.
Any existing noncomplying stack shall be removed, replaced or modified
within a period of 60 days from the receipt of a notice generated
from the Building Inspector/Code Enforcement Officer.
I.
All stacks or chimneys must be so constructed to withstand high winds
or other related elements.
J.
Outdoor furnaces must be EPA-approved.
A.
A permit issued pursuant to this chapter may be suspended as the
Building Inspector/Code Enforcement Officer may determine to be necessary
to protect the public health, safety and welfare of the residents
of the Town of Rochester if any of the following conditions occur:
B.
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 § 102-7 hereof.
A.
Violations. A violation of this chapter is hereby declared to be
an offense, punishable by a fine not exceeding $350 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 $350 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
week'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 furnace is located.
B.
Appropriate Town actions. In case any outdoor furnace is erected,
constructed, altered, converted or maintained or any outdoor furnace
is used in violation of this chapter or of any ordinance 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 furnace(s) to restrain, correct or abate such
violation; to prevent the use of an outdoor furnace(s); or to prevent
any illegal act, conduct, business or use, in or about such outdoor
furnace(s); and upon the failure or refusal of the proper local officer,
board or body of the Town to institute any such appropriate action
or proceeding for a period of 10 days after written request by a resident
taxpayer of the Town so to proceed, any taxpayers of the Town residing
in the district wherein such violation exists, who are jointly or
severally aggrieved by such violation, may institute such appropriate
action or proceeding in like manner as such local officer, board or
body of the Town is authorized to do.
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.[1]
