[HISTORY: Adopted by the Town Board of the
Town of Huntington 7-11-2006 by L.L. No. 20-2006. Amendments noted
where applicable.]
The significant health risks created by the
improper use of wood and coal burning appliances and the excessive
creation of smoke and other noxious fumes have been well documented.
It is the intention of the Town Board to protect the health, safety
and welfare of the community, and the use and enjoyment of adjoining
properties by reducing the emission of smoke, dust and fumes created
by these appliances. In order to accomplish this goal, the Town Board
is exercising its authority pursuant to § 10(1)(ii)(a)(5) &
(12) and § 10(1)(d)(3) of the Municipal Home Rule Law, § 130(15)
of the Town Law and any other applicable provision of law now or hereinafter
enacted to regulate the emissions of noxious chemicals and fumes in
the community.
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them:
A listed coal-burning appliance that utilizes anthracite
coal as fuel.
An emergency shall include fire, flood, hurricane, tornado,
power outage, or Act of God making utilization of a heating system
other than an outdoor wood burning device impossible or impracticable
under the circumstances, or detrimental to the health, safety, and/or
welfare of persons or property or the community at large.
[Added 11-19-2019 by L.L. No. 57-2019]
United States Environmental Protection Agency.
Any wood heater that meets the standards in Title 40, Part
60, Subpart AAA of the Code of Federal Regulations in effect at the
time of installation and which is certified and labeled pursuant to
those regulations or any amendment or successor law.
Any permanently installed masonry or factory-built wood burning
appliance, except a pellet-fueled wood heater or coal stove, designed
to be used with an air-to-fuel ratio greater than or equal to thirty-five
(35) to one (1).
Any solid, semisolid, or liquid wastes generated from residential,
commercial or industrial sources, including but not limited to, trash,
refuse, rubbish, industrial wastes, asphaltic products, manure, vegetable
or animal solid or semisolid waste and other discarded solid or semisolid
waste.
Any fireplace or any other gas appliance designed to burn
natural gas or manufactured gas in a manner that simulates the appearance
of a wood burning fireplace, whether or not it can burn anything other
than natural gas or manufactured gas.
Equipment, appliances or materials included in a list published
by a nationally recognized testing laboratory, inspection agency or
other organization concerned with product evaluation which maintains
a listing of equipment, appliances or materials, and whose listing
states either that the equipment, appliance or material meets nationally
recognized standards or has been tested and found suitable for use
in a specific manner.
See EMERGENCY.
[Added 11-19-2019 by L.L. No. 57-2019]
A device located outside the residential, commercial or industrial
building it serves, and is designed to transfer heat, via liquid,
through the burning of wood to heat indoor spaces, or swimming pools,
hot tubs or other devices using hot water. Outdoor wood burning devices
do not include fire pits, wood fired barbecues, or chimeneas, provided
they are not used to heat indoor spaces.
[Amended 11-19-2019 by L.L. No. 57-2019]
All exterior and interior house and trim paints, enamels,
varnishes, lacquers, stains, primers, sealers, under coatings, roof
coatings, wood preservatives, shellacs and other paints or paint-like
products.
All original solvents sold or used to thin paints or to clean
up painting equipment.
Any listed wood burning appliance that operates exclusively
on wood pellets.
Wood of any species which has been sufficiently dried as
to contain twenty (20%) percent or less moisture by weight.
Wood, wood pellet or any other non-gaseous or non-liquid
fuel, which is utilized in a fireplace or listed pellet heater or
wood stove.
Wood of any species that has been chemically impregnated,
painted or similarly modified to improve resistance to insects or
weathering.
Any petroleum product other than gaseous fuels that have
been refined from crude oil, and has been used, and as a result of
such use, has been contaminated with physical or chemical impurities.
Fireplace, wood heater, wood stove or pellet-fired wood heater
or similar device burning any solid fuel used for aesthetic or space-heating
purposes.
The provisions of this chapter shall apply to
all wood or coal burning appliances and fireplaces which are newly
installed or erected, and to those which are substantially altered,
rebuilt or relocated in all zoning districts, except where specifically
prohibited and/or pre-empted by state or federal law.
Gas fireplaces shall be exempt from the provisions
of this Chapter. However, the conversion of any gas fireplace to burn
solid fuel shall constitute the installation of a wood burning appliance
and shall be subject to the provisions of this Chapter.
Except as otherwise provided, all new or replacement
wood or coal burning appliances, pellet fueled wood heaters and fireplaces
installed must be one of the following:
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(a)
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An EPA certified or listed wood heater, wood
stove, pellet-fueled wood heater or coal stove;
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(b)
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A fireplace constructed in compliance with the
Building Code of the State of New York or other applicable law or
rule;
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(c)
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Outdoor fireplaces which are not attached to
a structure; or
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(d)
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Listed wood burning appliances which are primarily
used for the preparation of food.
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No person shall install, alter, rebuild or relocate
a fireplace, wood or coal burning appliance or pellet fueled wood
heater without having first obtained a building permit and having
submitted documentation to the Town of Huntington Department of Engineering
Services demonstrating the listing of the fireplace, wood or coal
burning appliance or pellet fueled wood heater.
Except for commercial products expressly manufactured
for starting a fire in a wood burning appliance, no person shall cause
or allow any of the following materials to be burned in an existing
or newly installed wood burning appliance.
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1.
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Garbage;
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2.
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Treated wood;
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3.
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Plastic products;
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4.
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Rubber products;
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5.
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Waste petroleum products;
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6.
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Paints and paint solvents;
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7.
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Glossy or colored paper;
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8.
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Particle board;
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9.
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Salt water driftwood;
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10.
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Animal carcasses;
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11.
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Any other material not intended by a manufacturer
for use in a wood burning appliance.
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[Amended 11-19-2019 by L.L. No. 57-2019]
(A)
No person shall sell, offer for sale, or supply any wood which is
in any manner advertised, described or represented to be "seasoned"
or "dry" wood unless the wood has a moisture content of twenty (20%)
percent or less in weight.
(B)
No person shall operate or use any outdoor wood burning device, except
in the case of an emergency or natural disaster. Any use of an outdoor
wood burning device in the event of an emergency or natural disaster
must still comply with the laws, rules and regulations of all local,
county, state, and federal agencies having jurisdiction. Once utilization
of a heating system other than an outdoor wood burning device becomes
possible or practicable, use of said outdoor wood burning device shall
immediately cease.
(C)
It shall be unlawful to burn any solid fuel within the Town of Huntington
as follows:
(1)
In such a way as to create or cause the emission of noxious
or offensive odors, dense smoke, or in such a way as to create a private
or public nuisance. Emissions created during a fifteen (15) minute
start-up period are exempt from this regulation.
(2)
Within or upon any premises except for the burning of solid
fuel in listed wood or coal burning appliances, pellet fueled wood
heaters, fireplaces or as otherwise provided.
(3)
In violation of any Chapter of the Town Code or any other applicable
law, rule or regulation.
[Amended 11-6-2019 by L.L. No. 56-2019]
A.
[1]Any person, firm or corporation who violates any provisions
of this Chapter shall be guilty of an offense and upon conviction
thereof shall be subject to a fine of not less than two hundred fifty
($250) dollars and not more than one thousand ($1,000) dollars for
a first offense; and for a second or subsequent offense committed
within five (5) years of the first offense, a fine of not less than
one thousand ($1,000) dollars and not more than two thousand five
hundred ($2,500) dollars. Each day, or part thereof, such violation
continues or is permitted to exist shall constitute a separate offense,
punishable in like manner. Any person or entity found by the Bureau
of Administrative Adjudication to have violated any provisions of
this chapter shall likewise be subject to a monetary penalty within
the range of fines authorized herein for a first offense, subsequent
offenses and continuing offenses, respectively.
[Amended 9-14-2021 by L.L. No. 50-2021]
[1]
Editor's Note: Former § 196-11, Requirements after
January 1, 2010, which immediately followed, was repealed 11-19-2019
by L.L. No. 57-2019.
B.
In addition to the penalties set forth above and any other remedy
available to the Town, the Town Attorney may maintain an action or
proceeding in the name of the Town in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the further
operation of such appliance (or the violation of this Chapter), and/or
to recover the cost of abating or removing the hazard, nuisance or
other condition, and/or to recover legal fees.
C.
In addition to the penalties set forth above, the Town Attorney may
maintain an action in the name of the Town in a court of competent
jurisdiction for civil penalties in the sum of not less than one hundred
($100) dollars nor more than two hundred fifty ($250) dollars for
each violation of this Chapter.
