[HISTORY: Adopted by the Board of Trustees of the Village of South Glens Falls as indicated in article histories. Amendments noted where applicable.]
Article I Installations of External Fuel-Burning Devices and External Heating Devices Designed to Provide Internal Heat or Energy
Article I: Installations of External Fuel-Burning Devices and External Heating Devices Designed to Provide Internal Heat or Energy
[Adopted 12-3-2003 by L.L. No. 5-2003]
Residences and commercial establishments situated within the municipality are entitled to clean air and environmental circumstances free of unreasonable dust, obnoxious odors, noxious fumes and smells, as well as an environment free of stored debris and storage of combustible fuels in adjacent or exposed exterior areas within densely populated areas.
This regulation shall provide for the requirements and limitations of the installation of any exterior furnace or exterior burning device, the primary purpose of which is to convert combustible fuel into a heat or energy source for interior spaces.
As used in this article, the following terms shall have the meanings indicated:
- EXTERIOR FURNACE
- Any device, contrivance or apparatus or any part thereof which is installed, affixed or situated out-of-doors for the primary purpose of the combustion of fuel from which heat or energy is derived and intended to be directed there from by conduit or other mechanism into any interior space for the supply of heat or energy.
- FURNACE DEVICE, EXTERIOR
- Any contrivance, apparatus or part thereof, including a boiler, fire box, exchanger, grate, fuel gun, fuel nozzle, chimney, smoke pipe, exhaust conduit and like devices used for the burning of combustible fuels for the creation of heat or energy from an exterior location into an interior location.
No exterior furnace or furnace device, exterior shall be situated in any exterior location for the purpose of the combustion of any fuel for the creation of heat or energy into any interior space and no such system or component part thereof shall be permitted to be operated in any zone within the municipality except the M-1 Industrial Zone.
Standards for the installation of any exterior furnace or furnace device, exterior, in addition to any manufacturer's recommended installation requirements, shall also require the following:
Installation upon a nominal six-inch thick permanent, reinforced cement pad in such dimension so as to allow a minimum of six inches of exposed surface area along the perimeter of the pad.
Installation of a smokestack to a minimum height exceeding four feet in elevation and higher than any adjacent structure, building or wall that is within 50 feet of the location of the exterior furnace. The location of the exterior furnace must comply with all setback regulations from all property lines and comply with all separation distances from other structures on the premises as may be imposed by the Zoning Code of the Village of South Glens Falls and the Building Code of the State of New York.
Installation of any electrical or plumbing apparatus or device used in connection with the operation of an exterior furnace shall be in conformity with all applicable electrical and plumbing codes and, in the absence of such code, in conformity with the manufacturer's installation specifications.
Any exterior furnace or furnace device, exterior, installation abutting premises in residential use shall maintain a setback greater than 200 feet distant from the residential use property line.
Fuel substances permitted for combustion in an exterior furnace installation shall be limited to the following:
Natural gas, propane, home heating oil, coal and wood.
Fuel substances prohibited for combustion in an exterior furnace installation shall include the following:
Industrial waste, rubber, plastic, used motor oil, toxic chemicals, contaminated waste, yard waste, household garbage, cardboard and wastepaper, animal waste and any material prohibited for combustion by federal or state statute.
No exterior furnace shall be utilized in any manner as a waste incinerator.
To the fullest extent required by federal or state statutes, rules, regulations and in accordance with the manufacturer's specifications, the installation, maintenance and use of any exterior furnace or furnace device, exterior, as herein defined, shall be installed, maintained and generated in conformity therewith.
This chapter shall in no way be construed nor is the same intended to prohibit the installation, operation or use of exterior chimneys, stove pipes or similar contrivances that are otherwise in conformity with other federal or state laws, rules or regulations constituting any part of any interior furnace system or interior stove system or operation, or any system that provides the exhaust of waste heat, smoke or similar substances from interior spaces.
Any person or entity illegally installing, maintaining or operating a device or apparatus regulated by this chapter shall, upon being found guilty of such offense, be liable for a monetary fine not to exceed $500, and, in addition thereto, the imposition of a fifteen-day sentence of incarceration, or both.
Any person or entity found in violation of the provisions of this article shall, in addition to any fine or imprisonment imposed, be liable to the municipality for any costs of any civil proceedings that may be brought by the municipality against the offender with respect to removal of the conditions of violation thereof, plus actual disbursements and reasonable attorneys fees incurred by the municipality in such action.
In the event that any individual section or provision within this article shall be found invalid, the invalidity shall pertain only to the specific section, and all other aspects of this article shall remain in full force and effect.