This chapter shall be referred to as the "Town
of Wallkill Outdoor Furnaces Local Law."
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.
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
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.
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 Wallkill without first
having obtained a permit from the Town Building Inspector. Application
for permit shall be made to the Building Inspector 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 within one year of such effective date; provided, however, that upon the effective date of this chapter, all provisions hereof, except §
129-6B and
C, 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 §
129-6B and
C. If the owner of an existing outdoor furnace does not receive a permit within one year 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, Chapter
249.